Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27188
THIRD DIVISION Docket No. MW-26800
88-3-85-3-560
The Third Division consisted of the regular members and in
addition Referee George S. Roukis 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 repairman to perform overtime service on March 17 and 18, 1984 instead of calling and using Repairman A. Edgell, who was senior, available and willing to perform that service (System Docket CR-1125).

(2) Repairman A. Edgell shall be allowed sixteen (16) hours of pay at his time and one-half 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 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.



In reviewing the handling of this dispute on the property and before this Board, it is this Board's position that Rule 17, the overtime rule, is the controlling rule. The Canton Shop Agreement was superceded by the February 1, 1982 Agreement. Claimant was senior to those who worked overtime on the claim dates, however, under the circumstances of this case he was not shown to be available to perform the work involved herein.
Form I Award No. 27188
Page 2 Docket No. MW-26800
88-3-85-3-560








Attest:,~/0#0
        '~

        Nancy . Diver - Executive Secretary


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