Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29206
 THIRD DIVISION Docket No. MW-28805
 92-3-89-3-199
 The Third Division consisted of the regular members and in
 addition Referee Irwin M. Lieberman when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (union Pacific Railroad Company (former Missouri ( Pacific Railroad Company)

 STATEMENT OF CLAIM: "--laim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when the Carrier failed and refused to permit Mr. M. R. Garcia to displace junior employe Mr. D. M. Esquivel on December 23, 1987 (Carrier's File 880177 MPR).

 (2) As a consequence of the aforesaid violation, Mr. M. R. Garcia shall be allowed pay for all straight time and overtime wage loss suffered, including holiday pay, beginning December 23, 1987 and continuing until the violation is corrected."

 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.

 Parties to said dispute waived right of appearance at hearing thereon.

 The Organization asserts that Claimant, while regularly assigned as Assistant Foreman, was displaced on December 9, 1987, by a more senior employee. Acccording to the O displace a junior Assistant Foreman, who was temporarily working as a Foreman. The Roadmaster refused to permit this move, thus triggering the dispute herein. The Organization
Carrier states that the junior Assistant Foreman was working a relief position and the position in question was owned by another employee, senior to Claimant and in a higher classification. Thus, as Carrier views it, there was no Rule support for Claimant to bump up into an assigned Foreman's position.
 Form 1 Award No. 29206
 Page 2 Docket No. MW-28805
 92-3-89-3-199
 It is the Board's view that the Organization has not borne its burden
 of proof in this matter. The facts to support any Rule violation are not pre
 sent. Thus, the Claim must be denied.






Attest
        Nancy lilt ver'- Executive Secretary


Dated at Chicago, Illinois, this 7th day of May 1992.