Farm 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 31362
 Docket No. MW-31970
 96-3-94-3-322

 The Third Division consisted of the regular members and in addition Referee John C. Fletcher when award was rendered.
PARTIES TO DISPUTE:

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

          (1) The Agreement was violated when the Carrier assigned junior employee S. J. Vinglas to perform overtime service in the Johnstown area on March 13 and 14, 1993, instead of assigning senior employee R. J. Sida (System Docket MW-2922).


          (2) As a consequence of the violation referred to in Part (12) above, Mr. R. J. Sida shall be allowed thirty-two (32) hours' pay at the appropriate 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.


Review of this docket discloses that Claimant was the appropriate employee to be used on the dates of claim, instead of the employee that was used. Further, Claimant was qualified to do the work, and lived closer to the site than the junior employee. The claim will be sustained.

Form 1 Award No. 31362
 Page 2 Docket No. MW-31970
 96-3-94-3-322

                          AWARD


      Claim sustained.


                          ORDER


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 29th day of February 1996.