Brotherhood of Maintenance of Way Employee PARTIES 7n DISPUTE:
              (Brotherhood Coast Line Railroad Company


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

 (1) The (terrier violated the Agreement when, on March 16, 17n 20 and 21, 1978, it assigned and used a trackman to fill a temporary machine operator's position (Ballast Regulator) instead of recalling and using furloughed Machine Operator J 37-sd-77-40/12-13 (7e-12) J).

 (2) As a consequence of the aforesaid violation, furloughed Machine operator J. L. Page shell be allayed twenty-eight and one-half (28-1/2) hours of pay at the applicable machine operator's straight time rate."

 OPINION OF BOARD: Claimant was furloughed at end of his work day on March 15,
 1978. At that time the Claimant was a "Class II Machine operator" assigned to Track Subdepartment, Group A; his fob classification was in Rank 4 in terms of seniority.

 On March 16, the (terrier had need of an operator on the "ballast regulator" - - the same equipment the Claimant had previously operated.; the record indicates suds need came after commencement of the shift. The same need. prevailed on March 17r 20 and 21, 1978· The Carrier assigned as employs classified as a "Trachea" to do such work. The record shows that emp 6; essentially, the Claimant appreciated an increase in pay and responsibility as a result of such assignment.

 The Organization cites Section 2 of Rule 8 end SAction 5 of Rule 13 as the basis foe its assertion that the Claimant is entitled to pay for the time when the ballast machine was operated by other than the Claimant:

        "Rule 8, Section 2


        Vacancies of seven (7) calendar days, or less, may be filled by using any eligible employee of the group and seniority district; however., preference will employees of the rants is which the vacancy exists who may be out of work or working in a lover rank account of reduction of forces.

                      Award Number 23383 Page 2

                      Docket Number MW-23048


        "Rule 8, Section 2 continued


        This Section will not apply to temporary vacancies due to vacation provided for in the 'Vacation Agreements signed at Chicago on December 17, 1941."


        "Rule 13, Section 5


        Employees temporarily out of the service, or serving in lover ranks, will be given opportunity to re the service, or to such higher rank is the service in which they have established seniority, is the order of their seniority to fill temporary vacancies or positions, as provided in Rule 8."


The Carrier cites section 3 of Rule 13 as the defense against such claim:

        "section 3


        An employee affected by force reduction or abolishment of a gang, shall, within a period of thirty ( calendar days from the date of his displacement, displace any ,junior employee in his group. An employee failing to comply with the above will forfeit his rights to place himself is any rank in which he holds seniori successfully bidding on and being assigned to s new position or vacancy, or by resuming active servi recall to duty in accordance with the provisions of Section 6 of this Rule."


The Carrier points out that the Claimant, furloughed on March 15, 1978, had the right to exercise his seniority the following day, but failed to do so until March 21. As such, per the Carrier, it was the Claimant's ova lack of initiative that made him unavailable for work immediately after furlough and failing to do so on March 16, 1978, lost for him the opportunity to work at whatever position to which he could displace.

 We are unmoved by the Carrier's rationale in thin case. Rule 8 is
 clear in its intent sad the situation commencing March 1 1 8 and the succeed-
 ing days when the ballast machine was in operation operatioF-camot be-deemed otherwise.
 The events of March 16, wherein the need arose after the shift commenced, was
 properly handled by a temporary upgrade. The fact that the Claimant did not
 exercise his displacement rights on March 16, cannot be construed to relieve
 the Carrier of its duty to recall employes as required under Rule 8.

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


        That the parties waived oral hearing;

                      Award Number 23383 Page 3

                      Docket Number MW-23048


That the Carrier and the FMployes involved is this dispute are respectively furrier affil Employee within the mining of the Railway Labor Acts as approved June 21., 1934;

 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


Claimant shall be paid for March 1~ 20j, 21, 19'T8 at the appropriate rate.

                      NATIONAL RAILROAD ADJUSWENT BOARD

                      By Order of Third Division


ATTEST:

 -ve Secretary__-

 Dated at Chicago, Illinois, this 15th day of September 1981.