Irwin M. Lieberman, Referee


              (Brotherhood of Maintenance of Way Employes

              PARTIES TO DISPUTE:

              (Delaware and Hudson Railway,Company


              I STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


              (1) The Carrier violated the Agreement when, at the close of work on Friday, October 29, 1971, it abolished a position of Mason Foreman and transferred the work Carpenter Foreman. (System File 2-11 Case No. 1.72 MW)


i
              (2) The Position of Mason Foreman now be advertised and awarded in accordance with the provisions of rules contained in Agree-

,, meat effective November 15, 1943, as presently revised.

              (3) Mason Dominick N. Mamone be allowed the difference in pay between what he did receive at the Mason's rate and what he should have received at the Mason Foreman's rate from November 1, 1971, until such time as the violation is corrected.


              OPINION OF BOARD: Prior to October 29, 1971, Carrier employed two


              Gang B-10, supervised bygaangasr,peBn-t1e0raFdrBem-a1n2, < helpers and a mason. As of November 1, 1971 Carrier combined the two gangs into one gang, Gang B-10, consisting of four carpenters, two carpenter helpers, two masons and one painter all under the supervision of the Carpenter Foreman. As a result of this consolidation Claimant was forced to exercise his seniority in a lower class, as a mason.


              Petitioner alleges that Carrier violated the Agreement when it abolished the position of mason foreman and transferred the work formerly performed by that mason foreman to a carpenter foreman. The Organization argues that composite gangs, such as B&B Gang B-10, may not be established by Carrier without ne In support of this position Petitioner cites Rules 3(a) and 36(a) claiming that those rules "...prev prevents the assignment of work without regard to class designation." Rule 3(a) and the pertinent portions of Rule 36(a) are as follows:


              z

              Award Number 20284 Page 2

              Docket Number MW-20311


        "Rule 3(a) Seniority rights of employes, except trackmen and laborers, are confined to the subdepartment and class in which employed and to the division on which they are located."


        "Rates of Pay - Rule 36(a) The following rates of pay are hereby incorporated in and made a part of this agreement:


              Occupation Rate


            Carpenter Foremen $214.73

            Painter Foremen $214.73

            Mason Foremen $214.73"


Carrier asserts in denying the arguments of Petitioner, that there is no prohibition in the rules for the establishment of composite gangs and points to many examples of their existence over the years (including BBB Gang B-12). Further Carrier argues that this issue has been disposed of in Award 14457 involving the same parties and Agreement. We note that in that Award right to assign foremen as it deems necessary.

 Petitioner's position in this dispute fails in two critical areas. There is no evidence in the record that Claimant actually performed work entitling him to the no evidence whatever that the Carpenter Foreman performed any work which is normally within the purview of a Mason Foreman. Given these flaws and the fact that there is no apparent rule support for Petitioner's position, the claim must be denied.

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


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.

              Award Number 20284 Page 3

              Docket Number MW-20311

              A W=


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
          ecutive ecretary


Dated at Chicago, Illinois, this 14th day of June 1974.