(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE: (The Western Pacific Railroad Company

(1) The Agreement was violated when the Carrier failed and refused to compensate Welding and Material Helper Roy Emerick at the Welding and Material Handling Foreman's rate of pay for services rendered on September 24, 27, 28, 29, 30, November 8, 9, 10, December 6, 7, 8, 9, 10, 27, 28 and 29, 1976 (System Case No. 10894-1977-BWE).

 (2) The claimant shall be allowed the difference between what he was paid at the helper's rate and what he should have been paid at the foreman's rate for the service he rendered on the dates specified in Part (1) above."

 OPINION OF BOARD: Claimant substituted for the Foreman during his
 absence. Carrier does not believe he is entitled
 to the Foreman's rate because he "did not perform the duties which are
 the basis for the Foreman's higher rate."

 The Board finds that claimant substantially performed the duties of the Foreman's position, and that substantial performance is
 all that is required. Therefore, the claim will be sustained except ---
 for September 24, 27, 28, 29 and 30, dates for which timely claims were
 not filed.



That the Carrier and the Employee 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 Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                    A W A R D


Claim sustained, except as to September 24, 27, 28, 29 and 30.

                      NATIONAL RAILROAD ADJDSTMENf HOARD

                      By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 28th day of September 1979.