Parties Brotherhood of Maintenance of Way Employes

to and

Dispute Norfolk & Western Railway Company

Statement

of Claim: Claim on behalf of R. L. Bryant requesting pay at the

Carpenter rate for each day since July 7, 1993.

Findings: This Board has jurisdiction of this case by reason of

the parties Agreement establishing the Board therefor.

The Claimant, a Painter, was furloughed as such January

18, 1993. He applied for and was assigned to a Carpenter

position, on or after June 11, 1993, subject to Agreement

Rule 11. He failed to qualify and he was released therefrom

on July 7, 1993.

The Claimant was recalled to a Painter position in Gang

206, effective July 12, 1993. Contractually, he had to

respond thereto within ten (10) days. The Claimant neither

reported or contacted the Carrier, as required by Rule 16.

Hence, the Claimant's seniority rights were terminated by

the Division Engineer via a certified letter dated July 28,

1993.

A claim was filed on or about August 12, 1993 asserting

the claim at bar. It was denied and Carrier pointed out

that the Claimant was disqualified as a B&B Carpenter.

Also, that he held outside employment at the time of his

Painter. The Claimant's disqualification was based on his

inability or desire to qualify as a B&B Carpenter.

The handling of this case was consistent with the past handling of other similar cases. The record supports that conclusion and its denial.

AwarE Zlaim denied.

d7

. A. Hammons, Jr., E ee Member E. Jacob ,rrier Me

v