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 failed and refused to permit Trackman A. V. DeBrito to displace junior Trackman W. M. Greene on the Special Projects Gang headquartered at Oak Island Yard, Oak Island, New Jersey (System Dockets CR-762 and CR-764).

 2. As a consequence of the violation referred to in Part (1) hereof, Claimant A. V. DeBrito shall be allowed ninety-six (96) hours of pay at the applicable trackman's rate."

 OPINION OF BOARD: This Claim originated as two separate grievances. It was
 consolidated on appeal to this Board. The first Claim
 started on December 21, 1979, when Claimant's position on a special projects
 gang was abolished. The Organization alleges that, on December 26, 1979,
 Claimant attempted to displace a junior employee, but was not allowed to do so
 because this individual allegedly did timekeeping duties, and Claimant was not
 a qualified timekeeper.

 Between December 26, 1979, and January 22, 1980, the Organization discussed the matter with various Carrier Representatives. On January 22, 1980, the Claimant was permitted to make a displacement by mutual agreement. Two days later, he was displaced from the new assignment by a senior employee. This displacement caused the second Claim to be filed.

 The second Claim alleged that Carrier, in violation of existing displacement Rules, permitted an seniority on the position being worked by the Claimant.

 From our examination of this record, we are not persuaded that any Agreement violations occurred. On the matter of the first Claim, we note from review of the Joint Statement of Agreed Upon Facts prepared on the property and signed by the Organization that the Claimant was asked to displace on an assignment held by the junior employee, but he refused. The facts are:
                      Award Number 26556 Page 2

                      Docket Number MW-26188


          "Claimant Abilio V. DeBrito was assigned as a Trackman, Special Projects, Oak Island prior to December 21, 1979. At the close of tour of duty on Friday, December 21, 1979, claimant's position was abolished pursuant to notice of December 13, 1979.


          W. M. Greene, Timekeeper, was working at Waverly II2 between January 8, 1980 and January 21, 1980. Claimant had been called to work this assignment but refused. Claimant collected unemployment benefits under RUIA during this period."


On the matter of the second Claim, we note the individual that exercised displacement rights ont 24, 1980, was not doing so from a furloughed status as contended, but was returning to duty from sick leave. Under these circumstances, a displacement was appropriate, and the Claimant's rights were not violated.

        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. D4"er - Executive Secretary


Dated at Chicago, Illinois, this 30th day of September 1987.