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PUBLIC LAW BOARD NO. 5564

rhood of Maintenance of Way Employees

and

Northeast Illinois Regional Commuter Railroad Corporation

AWARD NO. 35 CASE NO. 35

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that the Carrier violated Rule 1 Scope; Rule 2 Subdepartments — Seniority Groups and Ranks; and Rule 3 — Classification of Work of the Agreement beginning on December 17, 2009 and continuing when it assigned outside forces instead of Bridge and Building (B&B) Department Employees R. J. Shanahan, Jr., G. Nichols, J. Medina, D. Brim and R. De La Cruz to do new construction work on the Calumet Station on the Metra — Electric District."

OPINION OF BOARD:

Public Law Board No. 5564, upon the whole record and all the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that the Board has jurisdiction over the dispute herein; and that the parties to the dispute were given due notice of the hearing and did participate therein.

The dispute presented by the Organization above, the details of which are incorporated herein by reference, has been settled and all matters attendant thereto have been resolved. The claim is dismissed.