Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12243



        The Second Division consisted of the regular members and in addition Referee Herbert L. Marx, Jr. when award was rendered.


(Brotherhood Railway Carmen/Division of TCU PARTIES TO DISPUTE:
              (CSX Transportation, Inc.

                      (Chesapeake and Ohio Railway Company)


STATEMENT OF CLAIM:

 1. That the Chesapeake and Ohio Railroad Company (CSX Transportation, Inc., (hereinafter referred to as "carrier") violated the service rights of Painter C. Chambers (hereinafter referred to as "claimant") and the provisions of Rule 11 of the controlling Agreement when on February 13, 1989 carrier's supervisor improperly worked Carman Danny Mullins at the Raceland Paint facility on work strictly accruing to the Painter's craft in violation of the aforementioned rule.

 2. Accordingly, the claimant is entitled to be compensated for eight (8) hours pay at the applicable Painter's time and one half rate for said violation.

 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.

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


The circumstances in this dispute are similar to those reviewed in Second Division Award 12209, except that the Claimant, instead of working overtime on his own assignment, had marked off sick from his regular first shift assignment and thus was clearly "unavailable" for overtime work on the second shift.
 Form 1 Award No. 12243
 Page 2 Docket No. 12078
 92-2-90-2-176
 In this instance, the Board reaches the same conclusion as in the
 cited Award.

                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


Attest:
      ?Wn-ey J D er - Executive Secretary


Dated at Chicago, Illinois, this 15th day of January 1992.