(1) The Agreement was violated when the Carrier assigned Blacksmiths K. Gibson and R. Chapman instead of Maintenance of Way Laborers L. Dillon and G. Hodge to dismantle frogs for reclaiming, beginning April 9 through April 20, 1990 at the Barboursville Shops [System File C- TC-6083/12(90-528) COS].

(2) As a consequence of the aforesaid violation, Messrs. Dillon and Hodge shall each be allowed eighty (80) hours of pay at their pro rata rates.,,

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.

The International Brotherhood of Boilermakers & Blacksmiths was determined to be a third party at interest. That Organization was notified of the dispute, but did not. submit a response.

Except as to dates and names of Claimants, this Claim is virtually identical to that reviewed in Third Division Award 30522. The Board here reaches the same conclusion as in that Award.

AWARD