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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

        _OF

        CLAIM : effective April 15, 1944, as modified September 1,

                    1949, January 22, 1974 and March 4, 1976, panticu

                    larly Rules 1-Scope, 2-Seniority, 2-d-3 Seniority

                    Districts, 3-e-1 and others, when two former P.C.

                    Foremen, one bus driver, and fourteen (14) track

                    men (two protected; all others unprotected), were

                    used on the former Lehigh Valley Railroad between

                    Aldene and Newark, N. J. laying spikes and plates

                    for upcoming rail gang between 7:00 a.m. and

                    3:30 p.m., April 15, 1977.

                    (b) As the result of such violation, Claimants

                    F. Santos and F. Swarrow be compensated at the

                    Foreman rate; P. Hackenburg at the Trackman-Truck

                    2

                    ~a-o 3 - f~O. 33


driver rate; and the following at the trackman rate: J. Laughlin, J. Crane, R. Jacques, H. Aulet, F. Fueutes, J. Torman, R. Eorio, E. McDonald, A. Malone, K. Connahan, A. McNeil, R. Thomas, W. Avery and G. Klein, for April 15, 1977.

 FINDINGS: This record fails to show that the disputed work
 was actually performed by ineligible employes.
 In'line with Award 29, concerning the same basic
 situation and issue, the claim will be denied.
 AWARD: Claim denied.

            Adopted at Philadelphia, Pa., ~. 1979.


                          r~

                          _ ~ l


                Haro M. Weston, C irman


                                  I S~


    Carrier ember Employe Me er