Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32792
Docket No. MW-32081
98-3-94-3-490

The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM:





Form I Award No. 32792
Page 2 Docket No. MW-32081
98-3-94-3-490
February 23, 24, 25 and 26, 1993 and for each hour worked from
February 27, 1993 and continuing.




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.




The essential facts of this case are not in dispute. Claimants' regularly assigned positions were abolished as of February 22, 1993. Both employees were placed on furlough status. On dates following February 22. 1993, Claimants were called for temporary work as B&B Water Service Foreman and Water Service Mechanic. The Organization seeks pay at the rate of time and ono-half for each day Claimants worked


Prior Awards on this property have clearly established that Rule 53(c) applies only to temporary work performed outside the hours of an assignment. Third Division .wards 29220, 29221, and 26707. In this case, as well as in the cases cited. there was no assigned position out of which these Claimants were working. They were on furlough

Form 1 Award No. 32792
Page 3 Docket No. MW-32081


status at the time they worked the temporary positions. Accordingly, they are not entitled to the punitive rate of pay for those days.



      Claim denied.


                        ORDER


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

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois. this 23rd day of September 1998.