(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Etnployes PARTIES TO D12PUTE: (Maine Central Railroad Company ( Portland Terminal Company

                STATEMENT CE' CLAIM: Claim of the System Committee of the Brotherhood (GL-95o6) that:


(1) Carrier violated the Agreement between the parties, when it assigned work and overtime of thirty-four (34.) hours at time and one-half and fifteen (15) hours at double time pay Steep Falls, Vermont, May 5, 19x0, 3:00 AM to May 9, 1980s to junior employee, Store Helper - laborer.

 (2) Carrier shall compensate Timothy E. Savasuk, Store Helper - Laborer, thirty-four (34.) hours at time and one-halt sad fifteen (15) hours at double time pay, may 5, 1980, 3:00 AM to may 9, 1980, Steep 'alls, Vermont, account Carrier delegated work and overtime to ,junior employee.

 OPINION OF BOARD: Claimant, a Senior Store Helper-laborer, contends that Carrier
 violated the controlling Agreement, particularly Rules 3, 5,
 6 and 16 thereof, when it assigned work and overtime as Store Helper-laborer to a
 junior employs between May 5, 1980 sad May 9, 1980. He asserts that he should
 have been assigned. to the Vac-U-Vatas teem at the Steep Falls, Maine derailment,
 since he oven the senior qualified employs available to perform this work and
 argues that he covered similar assignments on the Vac-U-Vator team in the past
 is accordance with on altos practice.

 Carrier contends that common laborer's work was needed at the derailment location and it called the work was required. It argues that it has always been the practice to call the lover paid unassigned laborers first when a common laborer was needed sad its assignment of the junior employs was not a violation of the Agreement. It avers that Claimant's contention that seniority was used when a senior employs was previously called to move the Vac-U-Vator is without precedentisl effect, since the selection decision in that case was based upon the fact that the senior employs had a class I dr
In our review of this case, we concur with Carrier's position. Basically, the pivotal question before this Board is whether Carrier was obligated to assign the contested work to employer first within the job classification needed and listed on the Stores Laborers' Roster or to the most senior employs listed on that Roster. The Stores Laborers' Roster which contains twenty four (2b) names shove that nine (9) employer are common laborers, who are paid the same rate and required to do whatever straight labore employer hold specific higher paying positions. Since it was the practice to assign
 Award Number 23948
 Docket Number (L-24231

 Page 2

 work first to employee within their respective ,fob classifications, it was not improper or a vi common laborers work at the Steep Falls, Maine derailment. The record clearly shows that the parties consistently observed this format of assignment and as the lower paid unassigned laborer, it was permissible to call a laborer to perform the laborer's work at the aforesaid location.

        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 Employee involved is 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 aver the dispute involved herein; and

 That the Agreement was not violated.

 Claim denied.

 ATTEST: Acting Mtecutive Secretary
        National Railroad Adjustment Board


BY /
 R emarie Brasch - Administrative Assistant

 NATIONAL RAILROAD AIU(FuTMEL'1T HOARD
 By Order of Third Division

 Dated at Chicago, Illinois, this 14th day of July 1982.