Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27148
 THIRD DIVISION Docket No. MW-27213
 88-3-86-3-287
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis 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 a junior trackman to perform overtime service on December 1 and 2, 1984 instead of using Trackman R. Spaulding, who was senior, available and willing to perform that service (System File NEC-BMWE-SD-1221).

 (2) Because of the aforesaid violation, Trackman R. Spaulding shall be allowed an additional twenty-three (23) hours of pay at his one-half time rate."

 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 employees 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.

Based on the Board's reasoning in Third Division Award 27146, we shall deny this claim.



                          By Order of Third Division


Attest:
      Nancy J. Wr - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.