Dispute: Claim of Employes:

1. That the Carrier violated the rules of the current agreement when other than Carmen (i.e. Maintenance of Way Employes) were improperly assigned to make major repairs on a hand car by removing two (2) old axles and four (4) old wheels and applying the new axles and wheels to said hand car, at Orofino, Idaho between the dates of September 21, 1972 and September 28, 1972.

2. That accordingly the Carrier be ordered to compensate Carmen R. G. Berger and J. J. Cassetto for five (5) hours at the time

~ ~ and one-half rate.

The Second Division of the Adjustment Board, upon , upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute axe respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 193+.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The claim here is for five (5) hours at the time and one-half rate. The record shows that the Maintenance of Way employes replaced wheels and axles and that work took two (2) hours. Two (2) hours is tYmmost that the Claimant may recover. Carrier's allegation that the total work entailed only two (2) hours is not disputed or contradicted by probative evidence.

Since the Claimant performed no work on the wheels and axles here involved the prevailing rule is that he may recover only for the time actually spent on the job by the Maintenance of Way employes which was two (2) hours at the straight time rate.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division