(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company

(Northern Region)


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

 (1) The Carrier violated the Agreement when it failed to recall furloughed Trackman D. P. Zwerk to service on October 4, 1982 (System File C-TC-1552/MG-3771).

 (2) Because of the aforesaid violation, Trackman D. P. Zwerk shall be allowed one hundred twenty-eight (128) hours of pay at his straight-time rate and thirty-four (34) hours of pay at his time and one-half rate."

 OPINION OF BOARD: Claimant, a Trackman, was furloughed from Supervisor
 Boone's territory (at Saginaw, Michigan) on September 10, 1982. He properly filed his name and address with the Carrier per Rules 5(b) and 13(a). Starting on October 4, 1982, the Carrier permitted a Trackman, who had not only been cut off at Saginaw but was also junior to Claimant, to perform extra work on an adjacent District at Vassar, Michigan. After Claimant complained, the Carrier called him to fill a temporary vacancy at Vassar on October 26, 1982.

 The record reflects that the junior Trackman personally presented his cut off notice at Vassar and expressed a desire to be called for extra work beyond the boundaries of Supervisor Boone's District. Conversely, until October 26, 1982, Claimant had not informed the Carrier that he wished to be considered for filling temporary vacancies at Vassar. The record contains unrefuted evidence that, on the Northern Region, there was an established practice of calling the most readily available Trackman to protect temporary work.

 After this dispute arose, the parties amended Rule 5 so that seniority would determine which furloughed worker would protect extra work. The necessity for the revision, which is Rule 5(f), demonstrates that the Agreement did not previously provide for calling furloughed employes in seniority order to fill temporary vacancies.



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;
                        Docket Number MW-25637


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: 4;~

        Nancy eer - Executive S cretary


Dated at Chicago, Illinois, this 24th day of April 1987.