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, particu
 larly Rules 1-Scope, 2-Seniority, 2-d-3-Seniority
 Districts, 2-e-1 and others when former P-C
 Foreman F. Martins and five (5) unprotected P-C
 Traclmen were used on the former Lehigh Valley
 at No. 56 Lead, East End, Oak Island, New Jersey
 from 9:00 a.m. to 7:00 p.m., April 3, 1977, re
 pairing derailment.
 (b) As the result of such violation, Claimant
 F. Santos be compensated at the applicable Fore
 ' man rate, and Claimants J. Torman, F. Fuentes,
 H'. Aulet, K. Connahan and C. H. Nixon be compen
 sated ten (10) hours at the applicable Trackman
 rate, for April 3, 1977.



FINDINGS: The same problem of proof that was mentioned in

            Award No. 29 is found to exist here.

AWARD: Claim denied.
 Adopted at Philadelphia, Pa., . l 7 1979.

            V Harold M,,IW6ston, Chairman


Carrie ember Empl r em r