"1. That the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.) (hereinafter referred to as "carrier") violated the controlling Shop Crafts Agreement, specifically Rule 27-1/2, when the Carrier improperly withheld from service Carman David C. Maxwell while working a Junior employe.

2. Accordingly, the carrier be ordered to additionally compensate Carmen David C. Maxwell for all regular wages lost commencing sixty (60) days prior to the claim being initially filed (received initial claim by carrier, August 9, 1991) and for each day the carrier improperly withheld claimant from service and works a Junior employe, that all time be counted toward vacation requirements and that each day be accredited to a specific calendar date."

The Organization alleges that Carrier improperly worked a junior employe in the New Air Brake valve room while withholding Claimant from service. Claimant Maxwell was furloughed on August 18, 1990. The successful bidder, Jeff Fraley, had been furloughed in December 1989. Both had filed Rule 27 1/2 (c) requests and Mr. Fraley had worked subsequent to his furlough at various times in the Raceland Car Shop and elsewhere. Rule 27 (c) states that:

11(c) Furloughed employes who have indicated their desire to participate in such extra and relief work will be called in seniority order for this service. where extra lists are maintained under the rules of the applicable agreement such employes will be placed on the extra list in seniority order and used in accordance with the rules of the agreement."

Carrier determined that Claimant was not qualified to work in the Air Brake shop, while Mr. Fraley was, because he had come in on his own time while on furlough to train for work in the shop. Claimant pointed out that when he was hired in 1979, he worked in -.e valve room and had been taught to test and tear down valves.

- the more senior man, he should have been called. The organization alleges that seniority is the only consideration in Rule 27(c). There is no mention of qualifications.

This Board finds Second Division Award 12191, involving the same parties, the same Agreement language, and the same issue and work to be dispositive of this case. Rule 27 (c) makes reference to the fact that employes are to be used in accordance with the rules of the agreement and that all other such rules allow Carrier to consider qualifications. That award must be considered Res Judicata.

In Claimant's case, there is no evidence in the record that he met carrier's standards to do the work in question. Carrier provided a list of Carmen qualified to perform tear down, build, and testing work in the Air Brake shop and Claimant's name was not =.ncluded. Mr. Fraley, on the other hand, underwent two weeks of

oluntary training on his own time and was officially deemed to be qualified. Carrier's assessment of Claimant's lack of qualifications went substantially unrefuted.

Based upon the above, the claim must be denied.

AWARD