Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26998
 THIRD DIVISION Docket No. MW-26550
 88-3-85-3-293
 The Third Division consisted of the regular members and in
 addition Referee Edwin H. Benn when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The Carrier violated the Agreement when it assigned junior Trackman E. Peters to fill a temporary vacancy as machine operator (Rail Gauger) on May 3, 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, 22, 23 and 24, 1984, instead of assigning and using Trackman A. R. Puckett, who was senior, available, willing and qualified to fill that vacancy (System File C-TC-2343/MG-4717).

 (2) Because of the aforesaid violation, Mr. A. R. Puckett shall be allowed the difference between what he should have been paid at the rail gauger operator's rate and what he was paid at the trackman's rate for one hundred thirty-one (131) straight time hours and three and three-fourths (3-3/4J overtime hours."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant and E. Peters held regular assignments on the Carrier's Clifton Forge Division as Track Laborers. Claimant was senior to Peters. On the dates listed in the Claim, the Carrier needed an employee to fill a temporary vacancy as an Equipment Operator for a Norberg Rail Gauger Machine pending the assignment of an employee to the bulletined position. No Equipment Operator was availabl Form 1 Award No. 26998
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 88-3-85-3-293

 While the Carrier asserts that Claimant was not qualified to fill the position at issue for the time involved, the record demonstrates that Claimant previously worked with the Rail Gauger as a Laborer from April 2, 1984 until May 1, 1984, and had an opportunity to learn the operation of the machine; Claimant trained Peters (for seven working days) as well as another employee in operating certain aspects of the machine; and the Assistant Foreman was of the opinion that Claimant was the only qualified person that could operate the machine. Even Peters stated that he was trained by Claimant "because I knew nothing about the gaging (sic) system when I was put on it May 3, 1984." The Carrier further admits that Claimant "demonstrated the basic mechanical functions of how to start, m






Giving the Carrier's determination that Claimant was not qualified the initial appropriate weight as required by the Rule and precedent of this Board (see e.g., Third Division Awards 22462, 22029, 19123), as set forth above, this record demonstrates that the Organization has met its shifted burden and has shown that Claimant was qualified to perform the work at issue. While asserting that Claimant was not qualified, the Carrier has failed to refute the Organization's showing with citation to facts or evidence to demonstrate Claimant's lack showings made, we conclude that the Carrier's action was sufficiently arbitrary to require us to sus senior to Peters and was therefore entitled to fill the temporary vacancy. Claimant shall be compensated for the pay differential between his position and the Rail Gauger Operator's position for the dates claimed.
 Form 1 Award No. 26998
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 88-3-85-3-293




                          By Order of Third Division


Attest: ,
      Nancy J.,' r - Executive Secretary


Dated at Chicago, Illinois, this 25th day of April 1988.