NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26338

THIRD DIVISION Docket Number MW-26260

Herbert L. Marx, Jr., Referee

(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 assigned junior Machine Operator J. Roland to per willing to perform that service (System File C-TC-1954/MG-4415).

(2) Machine Operator R. A. Hardee shall be allowed three and one-half (3 1/2) hours of pay at his time and one-half rate because of the violation referred to in Part (1) hereof."

OPINION OF BOARD: Claimant, qualified as a Class "A" Equipment Operator, was
at work on October 6, 1983, during the day shift with Force
1210. At 11 A.M., another employee junior to the Claimant was assigned to
operate an endloader and continued to do so through 3 1/2 hours of overtime
work. Claimant seeks pay for such overtime work, which he claims should have
been assigned to him on the basis of seniority and qualification.

There was no convincing contradiction to the Carrier's report that the Foreman had canvassed employees, including the Claimant, at 11 A.M and only the junior employee had expressed interest in assignment to the endloader. The Carrier contends the overtime work, as provided in the Understanding on Application of Rule 28, which reads in pertinent part as follows:

"1. This [rule] is not to preclude continuing employees on duty (whether senior or not) to compl during the regular tour of duty, the judgment of the foreman or person in charge to govern as to whether employees who have begun particular jobs will be thereon."

This is clearly applicable to the facts here under review.

Award Number 26338 Page 2

Docket Number MW-26260

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.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:.

Nancy J. -Executive Secretary

Dated at Chicago, Illinois this 8th day of June 1987.