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. PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE : and
 Consolidated Rail Corporation
 ' STATEMENT (a) The Carrier violated the Rules Agreement ef
 _OF
 CLAIM : fective April 15, 1944, as modified September 1,
 1949, January 22, 1974 and March 4, 1976, particu
 larly Rules 1-Scope, 2-Seniority District, 2-e-1
 and others, when six (6) former CRR of NJ unpro
 tected Trackmen were used on the former Lehigh
 Valley Railroad at Nye Avenue Yard, Irvington, New
 Jersey, repairing a derailment between 7:00 a.m.
 and 3:30 p.m. each day April 12 and 13, 1977.
 (b) As the result of such violation, Trackmen:
 A. Melone, J. Loughlin, J. Crane, E. McDonald,
 P. Hackenburg, and Welder-Helper R. Eorio be
 compensated at the applicable rate, for each day
 the violation occurred.
                                .2~2o3-,4wD. 3)


            FINDINGS: What we had to say in Award 29, which concerns

            the same issue, factual situation, rules and

            shortcoming in proof as are involved here, is

            equally applicable to the present case.


          AWARD: Claim denied.


i

                      Adopte at Philadelphia, Pa., ~e~-~' , j 1979.


                        Ha ld M. Weston, Chairman


              Carrie ember ! Emp oye-Me m er