Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12065
 SECOND DIVISION Docket No. 11988-T
 91-2-90-2-97
 The Second Division consisted of the regular members and in
 addition Referee Joseph A. Sickles when award was rendered.

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

STATEMENT OF CLAIM :

 1. That under the current Agreement the Southern Railway Company violated the terms of same when they assigned an employe (a supervisor) other than the regular assigned relief DC crane operator on June 5 and 6, 1989 to operate the above mentioned crane on the aforementioned dates.

 2. That accordingly, the Southern Railway Company now be ordered to compensate the regular relief DC crane operator, Carman H. C. Hackworth, the amount of four (4) hours at the regular rate and one and one-half (1 1/2) hours at the overtime rate of pay.

 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.

As Third Party in Interest, The American Railway and Airway Supervisors Association was advised of the pendency of this dispute but chose not to file a Submission with the Division.

 On the claim dates, the Organization contends that Carrier utilized a Foreman to operate a crane, in the absence of the regular operator (who was on vacation) instead of using the services of the Claimant who is the assigned relief operator. Thus, according to the Organization, the Carrier permitted a Foreman to perform mechanic's work.
 Form 1 Award No. 12065
 Page 2 Docket No. 11988-T
 91-2-90-2-97

 While the dispute was under active review on the property, the Carrier contended that the Foreman was merely training an employee in crane utilization and that neither productive work nor mechanical activity was performed.

 The Organization questions the Carrier's assertion, but we do not find evidence of record to rebut it, and, in fact, Organization Exhibit J is a Statement from the Trainee confirming the Carrier's factual assertions for one of the claim days.




                          By Order of Second Division


Attest: dr-d~ me
 ;00 4
 Nancy J_A - Executive Secretary
 Dated at Chicago, Illinois, this 5th day of June 1991.