PARTIES Brotherhood of Maintenance of Way Employes
 _TO .
 DISPUTE: . , and
 Consolidated Rail Corporation
 STATEMENT 1. The Carrier violated the Rules Agreement ef
 OF
 CLAIM: . fective April 15, 1944, as modified September 1,
 1949, January 22, 1974 and March 4, 1976, particu
 larly Rule I -- Scope when, on April 14, 1977, ,
 Foreman John Hill performed a trackman's duties
 of gauging Track No. 22 at Oak Island, New Jersey.
 2. As the result of such violation, Claimant
 .Frank Swarrow be compensated one day's pay at the

 .: .! trackman rate.,


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Track gauging is bargaining unit work performed normally by trackmen. We can appreciate the concern of the Organization when a foreman is used to handle such work, particularly at a time when a trackman, in this case the claimant, is on furlough.
 . However, here the foremen and trackmen are in the same bargaining unit and on the same roster. Moreover, neither the Scope Rule, which is of a general nature, nor'any other provision of the applicable Agreement imposes any restriction on the use of foreman to gauge tracks. Nor, so far as the record shows, does any practice on this railroad bar foremen from performing those duties. .On the contrary, it appears that foremen have historically attended to, those functions.
 Of course, under,many agreements, any use at all of foremen to perform the work of their subordinates constitutes a violation. However, the rules and practices on this property do not prohibit such work assignments and there is. nothing in the record that suggests that foremen are performing the work in question to any greater.degree or-in any different fashion than in the past..

 AWARD: . ' .Claim denied.

            . Adopted' at Philadelphia, Pa.,. llc~ 1979.

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                  Harold M. Weston, Chairman'


        Carrier Member Employe :~emuer