C 0 P Y


EARTIES TO DISPUTE:

 Brotherhood of Maintenance of Way Employes ) Case No. 22
 and ) Award No. 22
 Southern Pacific Lines in Texas and Louisiana )
 (Texas and New Orleans Railroad Company) )
 STATEMENT OF CLAIM:
 Claim of the System Committee of the Brotherhood that:

 (1) That the Carrier violated the effective Agreement by assigning persons not covered by the Scope of this Agremnent to the performance of the operation of Ballast Regulator X-19 at Navasota on Saturday, September 17, 1960.

 (2) That Division Roadway Machine Operator J. C. Russell, Dallas Austin Division, be now compensated for 6 hours pay at the time and one-half rate of his respective rate for Saturday, September 17, 1960, account of this violation referred to in Part 1 of this claim.

 FINDINGS:

 Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.

 For the reasons advanced in Case No, 21 resulting in Award No. 21, this claim will be denied.

 AWARD: Claim denied,


                                (s) A. J. Cunningham

                              A. J. Cunningham, Employee Member


                                (s) L. C. Albert

                              L, C. Albert, Carrier Member


Dated at Houston, Texas December 17, 1962.