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 assigned and used Track

          Subdepartment employes to perform B&B carpenter work of removing and a

          thirty-two foot (32') solid plank crossing and installing a concrete crossing at Mile

          Post 222.22 on the Nampa Subdivision instead of assigning B&B Subdepartment

          Carpenters R. L. Lewis, R. E. Baker and furloughed Carpenters R. R. Olsen, J.

          Yokoyama and R. P. Cardona (System File N-580/1109063).


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

          Lewis, R. E. Baker, R. R. Olsen, J. Yokoyama and R. R. Cardona shall each be

          allowed eight (8) hours' pay at the carpenter's straight time rate.


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 B 4030. Awd 5(o

                        AWARD


      Claim denied.


                    ZIA

                        011 ~


                    Martin H. Malin, Chairman


D. A. Ring, D: . artholomay,
 Carrier Member Empl ee Member

                Dated at Chicago, Illinois, July 23, 2004


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