PARTIES Brotherhood of Maintenance of Way Employes
 IIIS UTE: and
              Baltimore and Ohio Railroad Company


STATEMENT Claim on behalf of Kenneth J. Bush for overtime
 OF
 CLAIM: worked by Foreman Ed Hamrick from on or about
 August 7 to September 1979.
 FINDINGS: This claim stems from the use of Foreman Hamrick
 to transport fuel for rail gang machines. Claimant -
 was available for that work and, like Mr. Hamrick,
 was assigned to Force No. 1234 at Gassaway, West
 Virginia.
 We have been referred to no rule or practice that
 prevents a foreman from hauling fuel to trackmen. In this instance,
 the only vehicle available was a hi-rail 1/2 ton pickup truck and
 Foreman Hamrick, but not claimant, had the necessary permit to oper
 ate it.

 AWARD: Claim denied.
 do d at Baltim e, Maryland, e)X6UcanV ~?, 1983.

                  Harol M. eston, C airma


      Carrier Member Employe Member