(1) The Agreement was violated when the Carrier assigned Surfacing Gang Foreman P. T. Dominic, Machi Operators R. S. Jamison and P. Vitale to perform trackman's work repairing FRA defects (replacing bolts, drilling holes, gauging, replacing ties, etc.) at Thompson Yard in Duquesne, Pennsylvania on January 2, 3, 4, 5, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25 and 26, 1990 (System Docket MW1153).

(2) As a consequence of the aforesaid violation, furloughed Trackmen G. R. Bargerstock, G. Lowmiller and R. L. Beam shall each be allowed pay at the appropriate straight time and overtime trackman's rates for an equal proportionate share of the total straight time and overtime hours expended by Messrs. Dominic, Jamison and Vitale performing trackman's work from January 2 through 26, 1990."

The work involved the repair of FRA track defects at Thompson Yard in Duquesne, Pennsylvania.

The Organization contends that the Claimants, who were furloughed Trackmen, should have been recalled from furlough to perform the work. The Carrier contends that it has the right under the Agreement to temporarily assign employees to different classes of work.

The applicable provisions of the Agreement read in pertinent part as follows:

"Rule 1. Scope, Paragraph 4:

The listing of the various classifications in Rule 1 is not intended to require the establishment or prevent the abolishment of positions in any c the maintenance of positions in any classification. The listing of a given classification is not intended to assign work exclusively to that classification. It is understood that employees of one classification may perform work of another classification subject to the terms of this Agreement.

Rule 19 - Assignment to Higher or Lower Rated Positions

An employee may be temporarily assigned to different classes of work within the range of his ability. In filling the position which pays a higher rate, he shall receive such rate for the time thus employed, except, if assigned for more than four (4) hours, he shall receive the higher rate for the entire tour. If assigned to a lower rated position, he will be paid the rate of his regular position."

In Third Division Award 29582, between the parties, the Board concluded that this Agreement language permitted the carrier to temporarily assign work outside of current classifications. A similar conclusion was reached in Third Division Award 26761, where the Board stated:

"Nevertheless, the Board finds that the reading of Rule 1 sanctions the Carrier's action in this particular instance. Rule 1 refers to 'primary duties', not exclusive duties, of

We concur with these Awards, and observe that while the Carrier had the option of going to the furlough list for work of less than thirty days duration, it also clearly had the right under the Agreement to temporarily assign employees from other job classifications to do the work. We thus conclude, based on the record before us, that the Carrier did not violate the Agreement when it made the assignments in question, and we will therefore deny the claim.

A W A R D