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                  NORFOLK AND 111ESTERN RAILVVJAY CO.


ST:.TEr*,E!!T OF CLAIM:
1. T::e Carrier violated the provisions of the effective Agreement dated Feiruary 1, 1951, (Agreement No. 5) when it assigned a Wabash operator to operate a Steam Crane-Pile Driver. and a Nickelplate B&B employe to perform Work as a Fireman, at Bridge 310-14, on the Peoria Division on September 12, 13, 14, 15, 18, 19, 209 21, 22, 251 26$ 27, 289 29; October 2, 39 4, 5t 61 99 10, 11, 12, 13, 16, 172 18, 19, 20, 239 24, 259 26, 279 30, 31 and November 11 1967.

 2. The Carrier shall now reimburse Hoisting Engineer G. R. Blackerby 296 hours at straight time rate and 87 hours at time and one-half rate at his respective rate of pay and Steam Shovel Fireman Victor Baird, 296 hours at straight time rate and 87 hours at time and one-half rate at the Steam Shovel Fireman's rate of pay for the above mentioned dates .

 OPINION OF BOARD:

 ' It is established that the two employees who performed the work for whict claim is made had no seniority entitlement to said work. Carrier nevertheless contends the claimants, whose seniority enabled them to lay claim to this worl were not available because they were working elsewhere on the property on the claim dates. Numerous awardsof the National Railroad Adjustment Board nevertheless have held under comparable circumstances that an agreement violation occurred and that compensation is due the claimants.

 The claim will be sustained, but only at straight-time rates of pay for the hours involved.

 :,!W'ARD: .

    Claim sustained to extent indicated in above Opinion of Board.


            ,.y,. _s· 'Lloyd S1. Bailer, Chairman


E. G. Psolia, CarriQr Member A. J. ningnam, Ev:. bye Member

 Dated: July/3, 1971