(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company

(Southern Region)


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

 (1) The Carrier violated the Agreement when it failed and refused to compensate Trackman T. A. Rakes for wage loss suffered on May 10 and 11, 1983 during which time he was improperly displaced from his assignment as trackman on Force 1958 at Danville, PJest Virginia (System File C-TC-1785/MG-4092).

 (2) Because of the aforesaid violation, Trackman T. A. Rakes shall be allowed seventeen and one-half (17 1/2) hours of pay at the trackman's rate."

 OPINION OF HOARD: The Organization contends that Claimant was improperly
 displaced from his assignment as a Trackman on Force 1958
 at Danville, West Virginia, on May 10 and 11, 1983, and consequently is due
 17 1/2 hours pay. This alleged violation of the Agreement occurred when
 Carrier allowed a Trackman to displace Claimant, rather than a coworker junior
 to Claimant. Carrier then refused Claimant the opportunity to displace that
 junior employe.

 The facts and arguments presented by both parties in this case are on all fours with these advanced in Award 26230. In that instance, Carrier noted that the work performed by the temporary employe was temporary work, Claimant had failed to file a cut-off notice requesting assignment to temporary or extra work, and he did not seek to displace onto any permanent Trackmen positions.

 We determined in Award 26230 that there was a bona fide practice in effect regarding the inability of employes to displace junior employes working on temporary positions once a temporary force was established and that Claimant failed to mitigate any possible damages. We so hold in this case.



                        Docket Number MW-26198


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 Aqreenent was not violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: r ,
        ancy er - Executive Secretary


Dated at Chicago, Illinois, this 29th day of January 1987.