Robert W. McAllister, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (Consolidated Rail Corporation


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it assigned junior Welder G. F. Lockwood to perform overtime service on December 31, 1983 and January 7 and 14, 1984, instead of using Welder R. L. Shivers, who was senior, available and willing to perform that service (System Docket CR-876).

 2. Claimant R. L. Shivers shall be allowed twenty-four (24) hours of pay at his time and one-half rate."

 OPINION OF BOARD: This Board adopts the reasoning and findings set forth in
 Third Division Award 26403 and finds them applicable to the issues raised in this dispute concerning the viability of the March 9, 1977, Canton Shop Overtime Agreement.

 The Carrier herein raises a procedural question asserting the Organization failed to claim a Rul violated. The Carrier's position is based upon the General Chairman's appeal dated July 22, 1984. The Board has reviewed that document and finds the General Chairman specifically explained that the Organization did not consider the March 9, 1977, Agreement to be in effect at the Canton Shop and that that Agreement referred to Rule 4-E-2 which does exist in the current Agreement. The General Chairman further explained the appropriate Rule in this matter is Rule 17. He then explained why, under Rule 17, the Claimant, as the senior employee, should have been called. Based on this analysis, we find no merit to the Carrier's procedural reasonings and findings of Third Division Award 26403.

        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 violated.

                      Award Number 26405 Page 2

                      Docket Number MW-26588

                      A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

      Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 13th day of July 1987.