ppyClO PARTIES TO DISPUTE:



OPINION OF BOARD: This claim is filed by G=y,evancemn Tim L. Guenther, of
 the Maintenance of Way Department on behalf of the following
 employes:

































The Organization contends that Carrier violated Rule 19, (k) of the Agreement when the overtime on the Coke Plant Pusher Job was not equally divided among qualified employee is the Maintenance of Way Department. This
 Job began approximately March 1, 1979, and ended March 31, 1979. Instead,
 Carrier assigned and used two other gangs to perform this work.
 Rule 19 (k) states:
 "Except in cases of emergency, all overtime in each
 department will be distributed equally among the
 employees in that department, ability of employees to
 do the work to be considered."

 Carrier, on the other hand, argues that there was no violation of the Agreement. It contends that the parties have an established practice in the application of 19 (k) in the Maintenance of Way Department which is when the overtime involved is in connection with work done in regular hours, the same employes will be used to perform the overtime. It further refutes any contractual violation on the basis that 19 (k) does not specify any time frame within which overtime should be equalised nor any specific application for day-to-day distribution of overtime.

 After a careful review of all the evidence prs, this Board is persuaded that on this property, once a gang or gangs has begun a Job, it is proper to have the same employes complete the job.

 Moreover, to accept the Organization's argument regarding the equalization of overtime this Board would have to create time limits for this equalization not specified by Rule 19 (k). This we are neither inclined nor authorized to do. In any case, one month is not a reasonable period of time to make a determination as to whether or not overtime is being equally distributed among qualified employee.

        The claim, in this instance, must therefore be denied.


        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.

                    Award Number 234(7 Page 3

                  Docket Number MS-23380

                  A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


Attest: 40 e
        Executive Secretary


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