The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.

(1) The Agreement was violated when the Carrier failed and refused to permit Trackman A. H. Hughes to displace junior trackmen on Texas District Tie Gang 5801 beginning December 5, 1986. (Carrier's File 870314)

(2) As a consequence of the aforesaid violation, Mr. A. H. Hughes shall be compensated for all wage loss suffered beginning December 5, 1986, and continuing until such time as the violation is corrected."

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 claim dated February 2, 1987, presented on the property alleges that Claimant was furloughed October 10, 1986, and that the furlough was improper because junior employees were allowed to work. Rule 12, Section 2(a) requires that "All claims or grievances must be presented . . within 60 days from the date of the occurrence on which the claim or grievance is based." The claim is therefore untimely.

AWARD