"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Wheeling & Lake Erie Railway Company (W&LE):

Claim on behalf of T. J. Cicconetti for payment of 3.5 hours at time and onehalf rate, account Carri particularly Rule 14, when it used another employee instead of the Claimant to perform overtime work at Canton, Ohio, on January 19, 1997, and deprived the Claimant of the opportunity to perform this work. General Chairman's File No. 231/970308. BRS File Case No. 10714-W&LE(M)."

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.

Parties to said dispute were given due notice of hearing thereon.

On January 19, 1997, the Carrier called out an employee junior to Claimant "to fix two Pull Aparts" at the overtime rate. The Organization argued that Carrier was in violation of Rule 14, which reads in pertinent part as follows:

As is evident by reading the afore-quoted Rule, overtime is not based exclusively upon seniority. If more than one employee ordinarily and customarily performs the work that is required to be done at the overtime rate, then the senior (providing it is not an emergency) will be given preference.

Claimant is a welder who ordinarily and customarily welds. The employee utilized is a Trackman who usually and customarily does track work, including repairing pull aparts.

There is no denying that Claimant fixed pull aparts in the past and possibly will be called upon to fix some in the future, but this is not work he usually and customarily performs.

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