STATEMENT OF CLAIM: "Claim of the System Committee of the

Brotherhood that:

(1) The Agreement was violated when the Carrier assigned junior employe S. Barker instead of Mr. D. R. Johnson to fill a machine operator position (three-way dump truck) at Seth, West Virginia, on January 2, 3, 4, 5, 8, and 9, 1990 [System File C-TC-5099/12(90-300) COS].

(2) As a consequence of the aforesaid violation, Mr. D. R. Johnson shall be allowed forty-eight (48) hours of pay at the Class `A' Operator's rate and he shall be allowed six (6) additional days' credit towards his 1990 vacation qualifying time."

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.

In this Claim, the Claimant, then in furlough status, seeks pay for work which he states should have been performed by him on January 2, 3, 4, 5, 8, and 9, 1990.

These are among the dates involved in Third Division Award 30226 and for which the Board sustained the Claim. Since the dates herein duplicate those of the previous Claim, there is no basis to consider further payment to the employee, even if, on the merits, the Claim were to be sustained.

AWARD