PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: Rand
Consolidated Rail Corporation
STATEMENT 1. Carrier violated the Rules Agreement effective
OF
CLAIM: April 15, 1944, as amended, when, on April 4,
1977, Welder John Bush performed a Tracknan's
duties of gauging and replacing ties at Tracks
14, 22, 28, 54, 56, Oak Island, New Jersey, from
7 a.m. to 3:30 p.m. each day April 4, 5, 6, 7,
11, 12, 13, 14 and 15, 1977.
2. As a result of such violation, claimant Kenny
. Williams be compensated one day's pay at the
Trackman rate for each day the violation occurred.

FINDINGS: The disposition of this case is also governed by
the reasoning set forth in our Award 24. While
in that case a foreman performed the work in


question and here a welder was used to handle it, the applicable principles are the same. Each of the employes involved, including the claimants, are in the same bargaining unit and covered by the same collective bargaining agreement. Neither the rules nor practice contains any prohibition against the performance of such duties by a welder or a foreman and there is no evidence that either of those employes have been called upon excessively to gauge tracks.

AWARD: Claim denied.