Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29219
 THIRD DIVISION Docket No. MW-28482
 92-3-88-3-285
 The Third Division consisted of the regular members and in
 addition Referee Gil Vernon 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 Crew 602 was reduced below the minimum B&B crew consist beginning April 20, 1987 (System File 8481/800-46-B-285).

 (2) As a consequence of the violation referred to within Part (1) hereof:

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.

The basic facts are not disputed. On April 19, 1987, a Carpenter left B&B Crew 602 to fill a position in B&B Crew 614. This created a vacancy for a carpenter on the Crew 602 pending the bulletining and filling of the position. The exact. timing concerning the filling of the vacancy is not known. The fact there was a vacancy caused the crew to temporarily fall below the minimum crew level as set forth in Appendix G. It states in pertinent part:
 Form 1 Award No. 29219
 Page 2 Docket No. MW-28482
 92-3-88-3-285



        MEMORANDUM OF AGREEMENT between the Soo Line Railroad Company and its employees represented by the Brotherhood of Maintenance of Way Employees.


        With the consolidation of the former Duluth, South Shore and Atlantic Railroad Company and the Minneapolis, St. Paul and Sault Ste. Marie Railroad Company into the merged Soo Line Railroad Company, and the subsequent integration of Bridge and Buiding Department employees' seniority on a system basis, it is agreed that the minimum B&B crew requirements in effect on the former Minneapolis, St. Paul and Sault St. Marie Railroad Company will apply throughout the Soo Line System. This minimum is as follows:


            1 Foreman


            1 Assistant Foreman


            2 Carpenters


            2 Helpers


          The number of Carpenter Helpers employed in a gang will not exceed the minimum of Carpenters and Assistant Foremen employed in that gang. It is understood that this does not apply to floating crews.


          This Agreement does not modify or in any manner affect schedule rules or agreements except as specifically provided herein and will become effective June 1, 1961 and continue in effect thereafter subject to change in accordance with the provisions of the Railway Labor Act as amended."


Predicated on the fact that the crew was below its minimum consist for some period of time, the Organization filed a claim on behalf of the Claimant, who at the time was in furlough status as a carpenter helper. The central theme t.. the Carrier's response is that the Claimant has no seniority as a carpenter and was not qualified as a carpenter. Therefore, they argue he did not stand to be called for the vacancy in question.
 Form 1 Award No. 29219
Page 3 Docket No. NW-28482
 92-3-88-3-285

 The Board must agree with the Carrier that a claim cannot be sustained since the Claimant was in Claimant by either depriving him of work opportunities, other rights and privileges to which he was was not a carpenter and had no seniority as such. Moreover, there is no rebuttal to the Carrier's as Carpenter position under Rule 6(e). The Organization's only response was to argue that if the vacancy had been filled by promoting another carpenter helper, the Claimant would have been recalled from furlough. This is not only speculative but irrelevant to the issue presented by this case.

 In summary, the claim must be dismissed since the Claimant, as evidenced by this particular reco question and therefore he is not a proper Claimant.

                      A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J er - Executive Secretary


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