]ARTIES TO DISPUTE:

PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 366

Brotherhood of Maintenance of Way Employes and Southern Pacific Lines in Texas and Louisiana (Texas and New Orleans Railroad Company)

STATEMENT OF CTAIM:

Claim of the System Committee of the Brotherhood that:

1. The Carrier violated the effective Agreement by assigning employees not covered by the Scope of the Agreement to the operation of Jack Tamper X-15 at Navasota on September 17, 1960.

2. That Division Roadway Machine Operator Billy D. Sims, Dallas Austin Division, be now compensated for 8 hours pay at time and one-half of his respective rate of pay for Saturday, September 17, 1960, account of the violation of the Agreement referred to in Part 1 of this claim.

Case No. 23
Award No. 23

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.

Houston, Texas December 17, 1962.

(s) Thomas C. Begley
Thomas C. Begley, Chairman

(s) A. J. Cunningham
A. J. Cunningham, Employee Member

(s)L. C. Albert
L. C. )Lj Carrier Member