FINDINGS: Nace, a curve liner, was temporarily trans
ferred from the Easton Seniority District to
the Coxton Seniority District where he was as
. signed as timekeeper for a rail gang. His last
day of work before his transfer was November 5,
1976.
When on January 7, 1977, that gang was abolished,




                  ~~03-/~LwQ. 36 - -__


tion which was headquartered at Bethlehem, Pa. During the period from November 6, 1976 to January 7, he did work in his regular curve liner position on November 11 and December 14 and 21.
While there may be some question as to whether seniority rights were actually forfeited under those circumstances, it is clear that Rules 2-g and 2-g-1 were violated. Nace did not return to his former position upon the expiration of the temporary transfer despite Rule 2-g's unambiguous requirement in that regard. Moreover, his temporary transfer extended for a period longer than 30 days in plain violation of Rule 2-g-1. The fact that he performed service in his curve liner position on three isolated days during the 60-day period does not call for a contrary conclusion.
This Board's function is to interpret the rules and not to pass upon their practicality or wisdom. Without question, the rules were breached in this case and it is appropriate for Petitioner to police and administer its collective bargaining agreement. The fact that claimant is not a qualified.curve liner is irrelevant, therefore, insofar as the basic issue as to whether the rules have been violated is concerned. It is, however, an element to be considered in determining the extent of damages to be awarded.
We will sustain the claims for April 27 and 28 for the purpose of enforcing the rules and to serve notice upon
                                              3

~.~a3 _ ~ ~. 3 C the parties that rules to which they have committed themselves cannot be disregarded. To allow additional compensation in this case to an employe who has not been shown to be qualified to perform the work at issue would constitute a windfall; we will not allow compensation therefore for claim dates subsequent to April 29. On the basis of this record, we cannot pass upon the question of whether Nace's seniority was forfeited.

AWARD:

Carrier Member

Claim sustained to the extent indicated in the last paragraph of Findings.' Award to be effective within 30 days of its adoption.

Adopted at Philadelphia, Pa.,':,

xvl


Harold M. Westori; Chairman

Employe Member