(1) The Agreement was violated when, from February 13, to March 9, 1990, the carrier assigned Camp Car Cook J. L. Schaffer to work as a trackman at various locations including Penobscot, White Haven and Pittston, Pennsylvania, instead of recalling and assigning furloughed Trackman W. J. Pavlick (System Docket MW-1352).

(2) As a consequence of the violation, referred to in Part (1) hereof, Claimant W. J. Pavlick shall be allowed all time worked by Camp Car Cook J. L. Schaffer from February 13, to March 9, 1990."

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 employe 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.

Claimant was a furloughed Trackman on the carrier's Philadelphia Division during the period of this claim. Between February 13 and March 9, 1990, a Camp Car Cook, was temporarily assigned Trackman duties on nineteen dates. The work consisted of gauging track and laying rail on the Lehigh Line.

The Organization contends that the Claimant, a furloughed Trackmen, should have been recalled from furlough to perform the

"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."

"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 each classification. The fourth paragraph is obviously designed to allow some leeway among classifications which might not otherwise be clearly provided."

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