Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12332
 SECOND DIVISION Docket No. 12224
 92-2-91-2-10
 The Second Division consisted of the regular members and in
 addition Referee John C. Fletcher when award was rendered.
 (Brotherhood Railway Carmen/ Division of TCU
 PARTIES TO DISPUTE:
 (CSX Transportation, Inc. (former Chesapeake and
 ( Ohio Railway Company)

 STATEMENT OF CLAIM:
1. That the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.), hereinafter referred to as "carrier", violated the service rights of Painter Dale Higgins, hereinafter referred to as "claimant", and the provisions of Rule 11 of the controlling Agreement when on January 18, 1989 the carrier ignored the overtime board in violation of the aforementioned agreement rule and worked Carman Dan Mullins eight (8) hours in the blast area of the Paint Facility.

 2. Accordingly, the claimant is entitled to be compensated for eight (8) hours at the applicable rate of time and one-half 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.

 This Claim is one of three involving the application of the Painters' Overtime Board at Carrier's Raceland Car Shops. During 1989, Carrier was involved in a massive car repair project which taxed the capacity of its Paint Shop. A considerable amount of overtime was worked during that time. On occasion volunteer Carmen were used to supplement the Painters' Overtime Board. Carrier contends that this was done only when the Painters' Overtime Board was exhausted. The Organization argues that on the date of Claim, the Painters' Overtime Board was not exhausted and, in fact, Claimant should have been used for eight hours overtime before the Carman that was called was used.
 Form 1 Award No. 12332
 Page 2 Docket No. 12224
 92-2-91-2-10

 Review of the record indicates that the facts support the position of low
 the Organization. The Claim will be sustained, but at the straight time rate.




                            By Order of Second Division


Attest: 00,
 Nancy J. ~ - Executive Secretary

 Dated at Chicago, Illinois, this 27th day of May 1992.

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