BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
and )
UNION PACIFIC RAILROAD COMPANY )

Martin H. Malin, Chairman & Neutral Member

D. D. Bartholomay, Employee Member

D. A. Ring, Carrier Member


                    Hearing Date: March 23, 2004


STATEMENT OF CLAIM:

      1. The Agreement was violated when the Carrier used Gangs 4802, 4804, 4714 and

          4715 to perform B&B carpenter's work of removing and installing planks and/or

          concrete crossings on April 18, 1997 through May 28, 1997 from Mile Post 76 to

          Mile Post 262 on the Kansas Division instead of assigning B&B Carpenters D. J.

          Bejan, R. L. Hull, M. E. Schooler and D. Anderson (System File N-471/1071768).


      2. As a consequence of the violation referred to in Part (1) above, B&B Carpenters

          D. J. Bejan, R. L. Hull, M. E. Schooler and D. Anderson shall each be allowed an

          equal proportionate share of the straight time hours and overtime hours worked by

          the Track Subdepartment forces on the claim dates.


FINDINGS:

 Public Law Board No. 6302, upon the whole record and all the evidence, finds and holds that Employee and Carrier are employee and carrier within the meaning of the Railway Labor Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties to the dispute were given due notice of the hearing thereon and did participate therein.

 The instant claim raises the identical issue that we resolved in Carrier's favor in Case No. 52, Award No. 52. Based on the holding and reasoning of Award No. 52, the instant claim must be denied.

                                            PL 8 /030


                        AWARD o W a


      Claim denied.


                    Martin H. Malin, Chairman


D. A. Ring, D. D. holomay,
 Carrier Member Employee Member
 ated at Chicago, Illinois, July 23, 2004

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