PARTIES TO DISPUTE:

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

 A. Titus to perform The Carrier violated the Agreement when it used Bulldozer Operator
 perform laborers work at Merrill Yard on May 13, 1978 (Carrier's

(2) Because of the aforesaid violation, laborers B. J. Guthrie and W. D. Freeman be allowed nine and one-half (9-1/2) hours of pay at the laborer's time and one-half rate."

 OPINION OF BOARD: Claimants B. J. Guthrie and W. D. Freeman have established
 and hold seniority rights as Track Laborers. Claimants
 entered the service of Carrier on December 13, 1972, and April 12, 1954,
 respectively. On Saturday, may 13, 1978, one of Claimants' rest days, Carrier
 called, assigned and used a Tractor Bulldozer Operator to perform work which
 consisted of picking up and distributing track material while assisting the
 Burro Crane Operator.

 The Organization contends that Carrier violated the Agreement when it failed to call Claimants to perform this work which it asserts has customarily, traditionally and historically been performed by Track Laborers. It alleges that carrier ignored claimants' seniority rights and further violated Rules 1, 2. 3, 5, 25 and 28 of the Agreement when it called, assigned and used a Tractor Bulldozer operator to perform Track Laborer's work on overtime hours within the assigned designated work limits of Claimants. The Organization seeks compensation for nine (9) and one (1) half hours at the time and one-half rate.

 Rules 3 and 5 of the Agreement address Classes and Seniority. Rule 3 states:





"department, and shall be subject to inclusion the same as though it were listed.

 Not later than 10 days following the establishment of a new class and rate of pay in accordance with the provisions of Article III of the October 7, 1959, Mediation Agreement (see Appendix A), the General Chairman of the organization will be furnished notification thereof. It is *greed that any award which might be rendered in accordance with paragraph (c) (5) of the October 7, 1959, Agreement will be applied retroactively to the date new class and rate was established."

 Rule 5 reads in pertinent part:

SENIORITY ESTABLISHED AND CONFINED TO SUB-DEPARTMENT.--(a) Seniority rights of all employes are conf sub-department in which employed. Seniority of employes in all sub-departments shall be shown by classes and each occupation shall constitute a class. Each class shall be listed in numerical order beginning with number one (1), which shall designate the highest class, and the highest number shall designate the lowest class.

 Seniority in the classes of laborers and' helpers shall begin at the time an employees pay starts in that class. Seniority in all other classes shall begin as of the date the employe is assigned by assignment notice to the class of as of the date that he qualifies for a class under the provisions of Rule $ of this agreement."

 Rule 25 pertains to Work Limits. It states:

DESIGNATED LIMITS. -- (a) Employes assigned to track gangs having fixed headquarters location shall be assigned designated limits within which they are to perform work and such limits shall be shown in advertisement and assignment notices.

 The designation of such limits shall not prevent other forces from performing any work within such established limits.

 In the event work limits are adjusted due to an increase or decrease in the number of track gangs having fixed headquarters or for other reasons, foremen of be advised in writing of new work limits, with copy to the General Chairman."


        PREFERENCE FOR OVERTIME.-- (b) Employes of gang with designated limits will have preference to casual overtime in connection with work performed by such gang. Other employes will have preference to overtime in connection with the work projects performed by such employes. Overtime in connection with emergencies will be handled by most readily available forces, with preference to the employes of designated territory when time permits. This rule does not preclude gangs working together."


Carrier, on the other hand, denies that it violated the Agreement. It argues that the work performed is not work reserved or exclusively performed by Track Laborers and therefore, is not a violation of seniority rights. It also states that the time spent by the work train in the designated area was

 four (4) hours, not the nine (9) and one-half hours claimed. Based an the record, we are persuaded that the work performed is
 typical Track Laborer work. That is, it is work customarily performed by a
 Track Laborer. For this reason, a member of the gang should have been called
 to assist the Burro Crane Operator. When Carrier failed to call one of the
 gang, it violated the Agreement. The Laborer in the area was entitled to perform
 the work.

 As to the remedy, we find no basis for two members of the gang to be compensated. Instead, we are persuaded that the senior Claimant is entitled to receive compensation for four (4) hours at the applicable overtime rate.

        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 violated.


                    A W A R D


        Claim sustained in accordance rith the Opinion.

                    Award Number 23),65 Page 1+

                    Docket Number r&I-23293


                        NATIONAL. RAILROAD ADjjjSgOARD

                        By Order of Third Division


Attest:
        Executive Secretary


Dated at Chicago, Illinois, this 8th day of December 1981.