Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)

Statement
of Claim: (1) Carrier violated the Agreement when on January 28, 29,
30, 31 and February 21, 22, 25, 26, 27, 28, 1985, the
Section Gangs were laying rail in the Little Rack Terminal
using system Rail Gang 6801 equipment. Mr. A. C. Gilreath
is the assigned operator on the SS-29 on the System Rail
Gang 6801. During these operations the SS-29 was operated
by Mike Thollen:

        (2) Time is being claimed by and in behalf of Mr. Gilreath for eight hours each day listed above totaling 80 hours at the time and one-half (overtime) rate which he would be entitled to if he had been contacted to perform the work of laying rail on dates listed above.


Findings: This Board has jurisdiction by reason of the Parties
Agreement of January 5, 1959.
This is the second of the two cases arising from the
set of facts that were referred to in our Award No. 259 the
findings of which by reference is incorporated herein.
The Claimant is a System Rail Gang Machine Operator.
The Employees assert that he should have been used on his
accrued rest days to operate Speed Swing SS-29, assigned to
the System Rail Gang but which was used by the division
forces because theirs was out of service.
The only difference between this case and that in our
Award 259 is the fact that this Claimant's name did not
appear among the Claimant filed for therein. However, the
contention against use of Division forces using the SS-29
machine did. Here, as there, these_claims,will also be

        denied.


Award: Claims denied.

So Hamnons, Jr. Em yee Mem er ~ J ~ Carrier Mem er
dl
Ar uan Wart, Chairman
                      and Neutral Member


Issued February 6, 1989.