(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Atchison, Topeka and Santa Fe Railway Company

(1) The Agreement was violated when, during the period extending from September 13, 1976 to November 2, 1976, an employe junior to Trackman V. L. Zarate was used to perform overtime service on Tie Gang No. 32 (System File 11-1580-220-119/13-T-65-4).

 (2) The Carrier shall now allow to Claimant Zarate pay at his overtime rate for a number of hours equal to the overtime hours worked by the junior employe from September 13, 1976 to November 2, 1976."

 OPINION OF BOARD: The Claimant asserts that the Carrier used a junior
 employe to perform overtime work during a designated
 period of time.

 The Carrier asserts that during the applicable period, the only junior employe who was used for overtime work was a truck driver (Roberts).

 The truck driver hauled fuel for certain of the machines which were being used at the times in question, moved slow boards and transported members of the section from the work train site to headquarters.

 As a truck driver, Roberts was required to operate a number of different types of vehicles during the course of a work day; some of which required a commercial driver's license.

 The fact that Roberts was used to operate a "pickup truck" during certain periods of time (and a commercial license may not have been required for that vehicle) does not, to us, justify the claim. If an individual is designated as a driver, it would appear that he is required to drive whatever vehicle happens to be




        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 31st day of January 1980.