PARTIES TO DISPUTE: Brotherhood of Maintenance of Way
Employs


                      Burlington Northern Railroad Company


STATEMENT OF CLAIMS "Claim of the System committee of the Brotherhood that:


1. "I am appealin to you from the decision of Superintendent L.R. Burk, concerning his letter dated February 23, 1982 and bulletins CT-4 through CT-12 concerning an alleged consolidation of Sections.

              it


In view of the above I am requesting bulletins CT-4 through CT-12 be cancelled and positions remain as they were prior to their issuance."


2. "I am appealin to you from the decision of Superintendent R.L. Beem, Hannibal, Missouri, concerning Bulletins OT-29 through OT-41 and the consolidation of section limits in the Galesburg Terminal.


In view of the above I am requesting these bulletins be cancelled and positions remain as they were prior to their issuance."

OPINION OF BOARD: The relevant facts of this claim are not in dispute. Effective March 15, 1982, Carrier changed the work week of certain Gangs from a Monday-Friday work week (Saturday and Sunday rest days) to Thursday through Monday work week (TuesdayWednesday rest days).

As a result, the organization filed the this claim. carrier timely rejected it. hereafter, the dispute was handled in the usual manner on the property. It is now before this Board for adjudication.

The issues raised 'n this claim are virtual identical to those in Case Non. 9,10 and 1, decided herewith. However, while these


                            1

claims were sustained,

damages in Case Nos. 2

change in work week,
monetary payments. Mar
damages because claims
staggered assignments
obligated to award th
factors, this Board sh

issue of postings but

Came No. 2 and 3 there is no basis for awarding any monetary and 3. These cases involved essentially a ut not time claims which would result in eover, Carrier should not be required to pay is in this dispute voluntarily bid on the and as the senior bidders, Carrier was m the assignments at issue. Given these 11 sustain the claim as it pertains to the hall not order any monetary compensation.

                                        i nq

Case No. 2 and 3 FINDINGS: The Public w Board NO. 4104 upon the whole record and all of the evidence, finds and holds:
That the Carrier and the Employees involved in this dispute are respectively Carrier and Employees within the meaning of the Railway Labor Act as a proved June 21, 1934:
That the Public w Board No . 4104 has the jurisdiction over the dispute involved h reins and

      That the Agroemen was violated.


AWARD: Claim sustaine to the extent indicated in the opinion.

P. Swans n, Employe t ember E, K llinen, Carrier Member

              Mar . Scheinman, Neutral Member


G 4ny ~I ~.,. (c~ f 'I T'°1

                            3

CARRIER'S DISSENT

TO THE AWARD IN CASES

2 AND 3 OF PUBLIC LAW

                    BOARD 4104


Dissent to this decision is required because the needs for establishing staggered five-day assignments at Cicero, Illinois were included in the same submission as covered Cases 9, 10 and 11 to this Board.

Our protests as outlined in Carrier's Dissent to the Award in cases 9, 10 and 11 are also applicable to the decision rendered here.

Respectfully submitted,

    a inen, Carrier em er -

                  CARRIER'S DISSENT


                TO THE AWARD IN CASES


                  2 AND 3 OF PUBLIC LAW


                    BOARD 4104


Dissent to this decision is required because the needs for establishing staggered five-day assignments at Cicero, Illinois were included in the same submission as covered Cases 9, 10 and 11 to this Board.

Our protests as outlined in Carrier's Dissent to the Award in cases 9, 10-and 11 are also applicable to the decision rendered here.

Respectfully submitted,

&Z ~1~
    amen, Carrier em er