(1) The Agreement was violated when the Carrier failed and refused to permit Sectionman D. R. Balls to work regular first shift hours with a starting time no later than 8:00 A.M. and instead required him to work second shift hours from 3:30 P.M. to 12:00 midnight (Monday through Friday) beginning Monday, April 24, 1989 (System File S-188/890648).

(2) As a consequence of the aforesaid violation, Mr. D. R. Balls shall be allowed:

' ..the difference between the straight time rate and the overtime rate for all services rendered from 4:30 p.m. to 12:00 midnight each Monday, Tuesday, Wednesday, Thursday and Friday since and including April 24, 1989. Additionally, it is claimed that Mr. Balls must be allowed at his applicable straight time rate seven (7) hours' pay for each Monday, Tuesday, Wednesday, Thursday and Friday since and including April 24, 1989, as he has been deprived of the right to perform service during the contractually designated work hours of 8:00 a.m. to 3:30 p.m. on each of those days. This claim will continue until this violation of the Agreement by the carrier ceases to exist."'

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.

Except that it concerns a Sectionman rather than a Foreman, this dispute concerns the same set of circumstances as that reviewed in Third Division Award 30002. The Board reaches the same conclusion.

A W A R D