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PARTIES TO DISPUTE:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES ) Case No. 9
 and ) Award No. 9
 TEXAS AND NEW ORLEANS RAILROAD COMPANY )
 STATEMENT OF CLAIM:

1. The Carrier violated the effective Agreement by assigning the members of Extra Gang No. 305, San Antonio Division, to work from 4:30 P.m. to 12:30 a.m., at the pro rata rates of pay beginning June 13, 1960, and continuing for the duration of this assignment.

 2. That the certain named Claimants listed in Employes' Statement of Facts, members of this Extra Gang No. 305, be now reimbursed for the difference between the straight time pro rata rates of pay allowed them and the time and one half rate of pay which they should have received for this performance of work in overtime hours during the period beginning with the date specified following their names
 and continuing until this violation of the agreement is discontinued or their -
 positions abolished.

 3. The Carrier violated the provisions of Article 1, PRIOR CONSULTATION of the Mediation Agreement (Case No. A-5987) effective October 7, 1959, between this Brotherhood and participating Carriers, one of which is the Texas and New Orleans Railroad, when it failed to notify the General Chairman fifteen days in advance of making this material change in its work methods.

 FINDINGS:

 Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employe 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. 1, resulting in Award No. 1, this claim will be sustained. The claimants shall be paid at the punitive rate for all hours worked after 5:00 p.m. on the dates of claim.

 AWARD: Claim sustained in accordance with the opinion.


                            (s) J. R. Russell - Dissenting

                            J. R. Russell, Carrier Member


                              (s) Arthur J. Cunningham

Arthur J. Cunningham, Brotherhood Member Dated at Cleveland, Ohio, July 11, 1961.