BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus








OPINION OF BOARD:
At about 11:30 A.M. on January 19, 1960 two Rahway Valley Railroad cars
were derailed on the switch from track #6 leading into the Rahway Valley Rail
road at Aldene, New Jersey. Employees of the Rahway Valley Railroad were used
to rerail the cars. The evidence also shows that track repair work was per
formed by these employes at the point of derailment on that date.

The subject claim is filed in behalf of the regularly assigned members of Section Gang No. 7, Cranford, New Jersey, on the ground that employees of a foreign carrier were improperly permitted to perform track repair work arising on the property of the Central Railroad Company of New Jersey and within the assigned territory of this section gang. We find merit in this claim with respect to January 19, 1960. However, the evidence does not establish that the violation complained of also occurred on January 20, 1960. The claim will be sustained in the amount of 4 hours pay for each member of Cranford Section Gang No. 7 for the date of January 19, 1960.

A WAR D: Claim sustained to the extent indicated in the above Opinion of Board.


                  Lloyd H. Bailer, Neutral Member


fsd/ A. J. Cunningham /sd/ C. S. Strang
A. J. Cunningham, Employee Member C. S. Strang, Carrier Member

Jersey City, N. J. October 13, 1964.