PARTIES TO DISPUTE:

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

 1. The Carrier violated the Agreement when it recalled junior Trackman D. Crocker instead of Mr. Raising Gang SE-832 at Casey, Illinois on April 15, 16, 19 and 20, 1982 (System Docket CR-77).

 2. Because of the aforesaid violation, Mr. J. A. Mallory shall be allowed thirty-two (32) hours of pay at his straight time rate and eight (8) hours of pay at his time and one-half (1 1/2) rate for a total of three hundred ninety-five dollars
OPINION OF BOARD: This Claim came about because the Claimant states that a
 junior employee was returned to service before him, al
 though he was available for work.

 The Board finds in favor of the Organization based solely on the record developed on the property, primarily for the reasons that follow:

 The Organization asserts in its letter of December 14, 1982, that both the Claimant and the junior employee were notified by identical recall letters dated April 12, 1982, to return to Gang TK-838 on April 28, 1982. The assertion was not rebutted by the Carrier on the property, although it had opportunity to do so. Therefore, it stands as stated.

 Moreover, again as asserted by the Organization in the above-cited letter, the Claimant called the Carrier on April 16, 1982, to return to work after he learned that a junior employee had been returned to work. The Carrier, it is contended, tol until April 21, 1982.

 Given the return to work date of April 28th cited in the April 12th recall letter, the Claimant had no reason to immediately respond to the April 12th letter, as implied in the Carrier's rejection letters dated August 6 and October 20, 1982, and April 19, 1983, but he should have been given the opportunity to respond immed of the junior employe. Under these circumstances the Claim is sustained.
                      Docket Number MW-25948


        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.


                        A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
      T


      Nancy J. De er - Executive Secretary


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