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                                              AWARD NO. 36

                                              CASE NO. 45


      PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

      TO ) and -

      DISPUTE ) BURLINGTON NORTHERN RAILROAD

      STATEMENT

      OF CLAIM: 1. Claim of the System Committee of the Brotherhood

      of Maintenance of Way in behalf of the members of

      Tie Gang No. 1 because of the Carrier's violation

      of the current Agreement, when on March 19, 1_986

      it extended the five (5) day advance written not

      ice by one additional day.

      2. The Carrier will now be required to compensate

      each member of Tie Gang No. 1 in an amount equal

      to two (2) days compensation because of the short

      notice. -


      FINDINGS: By reason of the Memorandum of Agreement signed -

      November 16, 1979, and upon the whole record and

      all the evidence, the Board finds that the parties herein are employe

      and Carrier within the meaning of the Railway Labor Act, as amended,

      that the Board has jurisdiction of the subject-matter, and that the

      parties were given due notice of the hearing held.


      On March 14, 1986, at the beginning of the shift, Roadmaster R. M. Renner served notice of force reduction, reading:


            "To all employes on Reg. Tie Gang #1. Consider this your five day notice of Gang abolishment. We will be loading machines and moving them to Dundee on the Abilene Line. We will be putting in ties between DIP 27 and MP 44. 1 will-see all of you at 8:00 AM, 3-17-86 at Dundee."

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                                      AWARD N0 .36 (p. 2)

                                      CASE NO. 45


    Due to delays caused by malfunctioning equipment needing repairs, further notice was issued:


                              "3-19-8,6


            For employees working on Regional Tie Gang No. 1, work will a%tend thru March 21st, 198E."


    The Gang was abolished at close of work on March 21, 1986.


            Rule 13 - Force Reduction, provides in pertinent part:


            "Notice of Force reduction (a): Except as otherwise provided in this section (a), positions will not be abolished nor will forces be reduced until the employes affected have been given at least five (5) working days aavance notice."


    The notices of March 14 and 19, 1986, left no uncertainty as to time and date of gang abolishment. Members of the Gang were not in doubt as to time of completion of their work assignment, and their opportunity to exercise seniority was not prejudiced. This is in contrast to the facts and circumstances of National Railroad Adjustment Board, Third Division Award No. 17372 relied upon by the Employes here. In the facts and circumstances of the present case, the Board finds that Rule 13 was complied with.


                        A IV A R D


            1. The Carrier is not in violation of the Agreement.


            2. The claim is denied.


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              JOSEPH LAZAR, CHAIRMAN AND NEUTRAL MEMBER;,


    C. F. FOOSE, EMPLOYE MEMBER L. MARES, CARRIER MEMBER


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    DATED: ; /7 Ar