Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 30270
 Docket No. CL-30784
 94-3-92-3-494

 The Third Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered.

PARTIES TO DISPUTE:
                  (Chesapeake and Ohio Railway Company)


STATEMENT OF CLAIM:
      "Claim of the System Committee of the Organization (GL-10832) that:


          (A) The Carrier violated the terms of the General Agreement and Memoranda thereto when it utilized the services of Welder Jones, Machinist Gossett to perform the duties of the Storeroom Foreman in the Diesel Shop Storeroom on April 24, 1989, in violation of Rules 1 and others: aad,


          (B) The Carrier shall now arrange to allow Storeroom Foreman C. C. McCauley, ID 628083, four (4) hours and thirty (30) minutes pay at the punitive rate of $109.06 per day for the above date."


FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.
 Form 1 Award No. 30270
 Page 2 Docket No. CL-30784
 94-3-92-3-494

      We note that the Organization made a timely filing of its

Parte Submission of dispute to the Third Division, but Carrier failed altogether to file any Submission with the Board. Carrier's failure to file requires the Board to sustain the claim as presented. In effect, Carrier chose not to refute the Organization's position. It should be noted that in sustaining the claim on this ground, we neither express nor imply any opinion concerning the underlying merits of the dispute.


                          AWARD


      Claim sustained.


                        O R D 8 R


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By order of Third Division


Dated at Chicago, Illinois, this 19th day of July 1994.