As noted in those cases, Third Division Awards 40976, 40977 and 40980, between these parties on this property, decided the issue presented by this claim in favor of the Organization, and we are unable to accept the Carrier's contention, set forth in its Dissent, that the basis for the finding or its rationale is palpably erroneous or illogical. Rather, we are convinced that the Board's findings should be followed in this case under the principle of stare decisis. See, Third Division Awards 39294 and 39006. The Carrier's inability to find qualified employees to fill the vacant Assistant Foreman Trouble Desk positions does not permit it to have the job performed by a Signalman for less pay, as it did in this case. Accordingly, under Appendix B-5 (1V) the Claimant, who was the Assistant Foreman Trouble Desk Relief, is entitled to be compensated four hours' pay for each day the Signalman performed work on the third trick on the Trouble Desk during the days he was assigned to work during the claim period. As was the case in Award 41700, the Carrier argues that the penalty requested was excessive because straight time is paid for lost work opportunities on this property, and there was no rebuttal by the Organization. Therefore, the claim is sustained for payment at the straight time rate of pay.
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