FORM 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28066
 THIRD DIVISION Docket No. MW-26610
 89-3-85-3-360
 The Third Division consisted of the regular members and in
 addition Referee Edward L. Suntrup 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 Agreement was violated when Track Department employes (Section Gang T-44) from the Pennsylvania Division were used to perform track work on the Susquehanna Division on January 25, 26, 27 and 30, 1984 (Carrier's Files 9.84, 10.84, 11.84, 12.84).
Hurley, E. Jones-, E. Knapp and M. Gardner shall each be allowed twenty-three (23) hours of pay at the trackman's straight time rate and furloughed Trackmen
 V. Miner, III and T. Clapper shall each be allowed seventeen (17) hours of pay at the trackman's straight 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 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.

At the time of this claim the Claimants held seniority as Trackmen on the Carrier's Susquehanna Sub-Division. They were on furlough. In January
 1984, there was a derailment at the Carrier's East Binghamton Yard in Conklin, New York. There is no dispute that this yard is within the Susquehanna SubDivision. The Carrier used Sub-Division to repair track damage in Binghamton Yard on the days of January 25-27 and 30, 1984. A claim was subsequently filed with the Carrier by the
 organization on the grounds that the Carrier should have used the furloughed Claimants, rather than the regularly assigned Trackmen from the Pennsylvania Sub-Division, to have done the repair work after the derailment.
 Form 1
 Page 2

 Award No. 28066
 Docket No. MW-26610
 89-3-85-3-360

 The Rules at bar in this case are the following:

 (a) Seniority rights of employes, except as provided in (b) and (c), are confined to the sub-department and class in which employed and to the sub-division on which they are located as herein defined.

 Track Department:
 Pennsylvania Sub-division
 Susquehanna Sub-division
 Saratoga Sub-division
 Champlain Sub-division

 Bridge and Building Department:
 Pennsylvania Sub-division
 Susquehanna Sub-division
 Saratoga Sub-division
 Champlain Sub-division

 (b) Seniority rights of trackmen and laborers will
 be restricted to their respective gangs, except
 that, when forces are reduced, they may exercise
 displacement on their seniority sub-division.

 (c) Seniority rights of steel bridge men and equipment operators as such, shall extend over the entire system.

 Rule 42(1)
The carrier shall have the right to use furloughed employes to perform extra work, and relief work on regular positions during absence of regular occupants, provided such employes have signified in the manner provided in paragraph 2 hereof their desire to be so used. This provision is not intended to supersede rules or practices which permit employes to place themselves on vacancies on preferred positions in their seniority districts, it being under filled, on the last position that is to be filled. This does not supersede rules that require the filling of temporary vacancies. It is also understood that management retains the right to use the regular employe, under pertinent rules of the agreement, rather than call a furloughed employe."
 Form 1 Award No. 28066
 Page 3 Docket No. MW-26610
 89-3-85-3-360

 The Organization argues that the Carrier inappropriately transferred work from one seniority dis assigned employees from the Pennsylvania Sub-Division to do the work at bar. In denying the claim the Carrier argues that its right to have used the employees it did was protect work." According to the Carrier, this Rule gives it options to go to either regularly assigned employees of another seniority district, or to furloughed employees in the district in which "extra work" is found.

 The Agreement Rules and factual particulars of this claim parallel those of Third Division Award 28065 already heard and ruled on by this Board. The only differences are the dates in question when the violations took place, and the remedy requested by the Organization. The six (6) Claimants to this case were also party, among others, to the claim considered under Third Division Award 28065.

 Conclusions arrived at and rationale presented in "hard Division Award 28065 hold here by reference thereto. The claim is sustained on the merits.

 Relief to be paid by the Carrier shall be twenty-three (23) hours at the pro rata rate to Claimants W. Hurley, E. Jones, E. Knapp and M. Gardner, and seventeen (17) hours at the pro rata rate to Claimants V. Miner, III and T. Clapper.




                          By Order of Third Division


Attest:
      4~ncy J. -Executive Secretary


Dated at Chicago, Illinois, this 10th day of August 1989.