Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11850
 SECOND DIVISION Docket No. 11612
 90-2-88-2-128
 The Second Division consisted of the regular members and in
 addition Referee Marty E. Zusman when award was rendered.

 (Brotherhood Railway Carmen/Division of TCU PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

 1. That the Baltimore and Ohio Railroad Company violated the controlling Agreement, specifically, Rule 28, when on the date of April 10, 1987, the carrier ordered carmen from another seniority point to perform the work previously performed by the Claimants. The Claimants have been monetarily and contractually deprived under the provisions of the controlling Agreement between the Baltimore and Ohio Railroad Company and the Brotherhood of Railway Carmen of the United States and Canada.

 2. That accordingly, the Carrier be ordered to compensate the Claims ants for all monetary losses suffered as a result of such violation, such losses to the extent of eight (8) hours pay each at the Carmen's straight time rate, on account of the Carrier's violation of Rule 28 of the controlling Agreement, as amended, on the date of April 10, 1987.

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

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

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

In the instant record, Claimants were furloughed and held seniority at Punxsutawney, Pennsylvania. There is no dispute that on April 10, 1987, three Carmen who held seniority at Butler, Pennsylvania (another seniority point) were ordered to assist a Punxsutawney Carman in the oiling of journal boxes on the Indiana Branch. Inasmuch as the three (3) furloughed Claimants were not recalled to assist on the stored cars, the Organization filed a Claim in their behalf.
 Form 1 Award No. 11850
 Page 2 Docket No. 11612
 90-2-88-2-138

 The Organization argues that the Carrier's assignment of the Butler Carmen was a violation of Rule 28 of the Agreement. In challenging the Carrier's action, it argues that the governing Rule reserves the work on the Indiana Branch to the seniority of the Punxsutawney Carmen. Accordingly, the Claimants were deprived of work that was reserved under the Agreement.

 The Carrier argues that the amount of work was minimal, that the assignment of the Butler Carmen did not violate the Agreement, and that said work was not assigned by Rule to the Punxsutawney Carmen. The Carrier's position in this matter is that it may use employees on duty, rather than recalling furloughed employees for small amounts of work. It further argues that it may use employees from either or both Punxsutawney and Butler as the Agreement does not reserve Indiana Branch work to any specific seniority point.

 The Board finds from the record that the Carrier has not violated the Agreement for the following reasons. First, the Agreement does not grant Punxsutawney Carmen rights to Indiana Branch work. Second, the Agreement consolidates Butler (11) and Foxburg (19) as one seniority point and leaves Punxsutawney as a separate seniority point (12). The Memorandum contains no language which provides seniority rights of Punxsutawney Carmen to the Indiana Branch work.

 There is a lack of proof that the governing Rule reserves the work on the Indiana Branch to the seniority of Punxsutawney Carmen. There is no probative evidence and contractual language on point with the instant circumstances. We also note that the Organization does not dispute Carrier's argument that it "retains the right to utilize employees already on duty" rather than recalling furloughed employees for a small amount of work. For the above reasons the Claim is denied (Second Division Awards 11325, 11324, 11085, 10938, 10800).

        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


Attest: ,
        ancy J. 5AWer - Executive ecretary


Dated at Chicago, Illinois, this 16th day of May 1990.

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