Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 31294
 Docket No. MW-31773
 95-3-94-3-61

 The Third Division consisted of the regular members and in add-Lion Referee Robert L. Hicks when award was rendered.
PARTIES TO DISPUTE:

~T:,TEMENT OF CLAIM: 'Claim of the System Committee of the
 Brotherhood that:

          (1) The Carrier violated the Agreement when it assigned ;unior Track Foreman D.E. Renois to perform overtime service at Lespt Street Yard on September 5, 1992 instead of assigning Track Foreman L.C. Barnes who was the senior foreman, available, qualified and willing to. perform such service (Carrier's File 930080

          MPR).


          (2) As a consequence of the violation referred to in Part (1) above, Claimant L.C. Barnes shall be allowed eleven (11) hours' pay at the track foreman's time and one-half rate."


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.

 This dispute involves a junior employee working on a rest day, while the senior employee was not called.
 Forth 1 Award No. 31294
 Page 2 Docket No. MW-31773
                                            95-3-94-3-61


The Rule applicable to this dispuce is Rule 14 Section 1(j) which reads as follows:


      "(j) WORK ON UNASSIGNED DAYS. Where work is required by the carrier to be performed on a day which is not a part of any assignment, it may be performed by an available extra or unassigned employee who will otherwise not lave forty (40) hours of work that week; in all other cases by the regular emplovee."


The only part of the aforequoted Rule chat the parties are in disagreement over is tnac portion reading:


          in all ccher cases by the regular employee."


From the Rule,. is clear chat overtime is not assigned in accordance with scr=ct seniority guidelines but who is doing the work on a regular basis on the assigned work days. This is supported by Third Division Awards 28500, 29097, 29795.


In the on-property handling, the Carrier stated_ without serious rebuttal, that Claimant's gang was renewing crossings whereas the iunior employee's gang was removing turnouts and on the claim date the two gangs combined to remove rail and turnouts.


The Claim is denied. Carrier assigned the overtime as it was obligaced to do pursuant to Rule 14 Section 1(j).


                          AWARD


      Claim denied.


                            ER


This Board, after consideration of the dispute identified above, hereby orders chat an award favorable to the Claimant(s) not be made.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                            Dated at Chicago, Illinois, this 19th day of January 1996.