(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:




(1) The Agreement was violated when a furloughed employs who is junior to Emmett B. Cyrus was called and used to perform extra and relief service from January 6 through January 26, 1977 during which period the claimant was furloughed, available and wilting to perform such service. (System File C-TC-4001x'.-1844)

 (2)_ Claimant Emmett B. Cyrus shall now be allowed pay for a number of hours equal to the hours worked by junior employe Ward from January 6, 1977 to and including January 26, 1977."

 OPMON OF BOARD: The Claimant was on furlough status, however he had
 notified the Division Engineer of a desire to be used
 to perform temporary or extra work, as provided in the agreement. He
 asserts that the Carrier called and used a junior furloughed employs to
 perform certain extra and relief service during a three-week period in
 January of 1977.

 The Carrier states that there was work for a much shorter period of time than the three weeks specified by the Claimant, but in awl event, it asserts that on January 17, 1977, the Claimant made inquiry concerning work in a certain territory, and he was advised that he could work any extra work he desired and was told to contact the appropriate Supervisor. The employe made no effort to make such contact. Notwithstanding the language of the rul find absolutely nothing unreasonable about the suggestion of Carrier to the Claimant, and his failure to comply therewith resulted in his failure to work during theprtinent period of time.

 In aRy event, we are unable to find that the Claimant has submitted proof to us of a violation of the agreement, and we will dismiss the claim for said failure of proof.


        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.


                      A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 17th day of September 1 979.