(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
                (Missouri-Kansas-Texas Railroad Company


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

 (1) The Carrier violated Article 6, Rule 2 of Agreement No. D.P.-357 on November 6, 1974, by not allowing Mr. Ralph N. Heiney to retain his seniority as Foreman when affected by force reduction on November 5, 1974 (System File 200-163/2579-6).

 (2) Mr. Heiney's seniority as foreman be restored as of September 17, 1974.

 OPINION OF BOARD: Carrier places its defense to this claim squarely on
                the contention that "an employe affected by force re-

duction, is required under Article 6, Rule 2, within ten days therefrom,
 to exercise seniority by displacing a junior employe in his seniority dis
 trict and in the classified sition FROM WHICH HE HAS BEEN DISPLACED and
 holds seniority. . . Emphasis added. Rule 2 actually states that,
 Flaployes affected by force reduction will be required to, within ten (10) days thereof, exercise seniority by displacing a junior employe on their seniority district, and in classified positions in which they hold seniority." (Emphasis added.)

 Thus Carrier would add to the language of the rule the further restriction, "from which he has been displaced". Absent such additional restriction, the rul Since such restriction is not found in the rule and this Board cannot add it to the rule, either overtly or under the guise of interpretation, the claim will be sustained.

        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;
                    Award Number 21558 Page 2

                    Docket Number MW-21650


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

        That the Agreement was violated.


                      A W A R D


        Claim sustained.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of May 1977.

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