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 Crossing Gang 4755 to

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

          crossings on July 7, 1996 and continuing from Mile Post 60 to Mile Post 152 on

          the Nebraska Division instead of assigning B&B Carpenters T. D. Kuenning, R.

          C. Gablenz, C. J. Dush and T. G. Bowley (System File N-317/1029197).


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

          D T. D. Kuenning, R. C. Gablenz, C. J. Dush and T. G. Bowley shall each be

          allowed an equal proportionate share of the straight time and overtime hours

          worked by Crossing Gang 4755 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 63d2. A wd 55

                        AWARD


      Claim denied.


                                ~.i

                    /*

                    Martin H. Malin, Chairman


D. A. Ring, D. artholomay,
 Carrier Member Emplo ee Member

                Dated at Chicago, Illinois, July 23, 2004


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