(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Southern Pacific Transportation Company

(Eastern Liaes)


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

 (1) The Carrier violated the Agreement when it assigned junior Machine Operator N. T. Cook to perform overtime service on October 27, 28, 29 and 30, 1983, instead of using Machine Operator F. A. Hasty, who was senior, available, qualified aad willing to perform that service (System File MW-83136/406-44-A).

 (2) Claimant F. A. Hasty shall be allowed thirty-six (36) hours of pay at his time and one-half rate because of the violation referred to in Part (1) hereof."

 OPINION OF BOARD: The Organization contends that Claimant a senior heavy-duty
 Truck Operator, was bypassed for a driving assignment where
 36 hours of overtime was earned. The assignment was given to a junior employe.

 Carrier contends that when the junior employe was assigned the driving duties in question, Claim only after the junior employe was two hours into his run that it was discovered that Claimant was av been sent on Claimant's assignment.

 After a review of this record, the Board finds it difficult to conclude that Carrier violated th to the disputed driving assignment. Claimant was not available for the call. He was already assigned to a job. Given this situation, the Claim has no merit.



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

                        Docket Number MW-26004

                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
        Nancy J. r - Executive Secretary


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