'PARTIES :PO DISPUTE
          Brotherhood of Maintenance of Way Employes


                          and


        Chicago and :forth Western Transportation Company


STATEMENT OF CLAIM: Claim of the System Committee of the
 Brotherhood that:

        1. The Carrier violated the Agreement when an employe junior to Assistant Foreman S.K. Leonard was recalled from furleagh to fill. an assistant foreman's position at Denison, Iowa (organization File 4LF-2187T; Carrier File 81-87-141).


        2. Claimant S.K. Leonard shall be compensated for 40 hours' straight time and .5 hour's overtime at the applicable rate of pay for an assistant foreman.


DPI14ION OF THE BOARD: This Board, upon the whole record and all of the evidence, finds and holds that the Mmploye and Carrier involved in this dispute are respectively Employe and Carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.

 ':he basic facts are not disputed. The Claimant established seniority as an assistant foreman on the T-4 Track Department seniority Roster, Zone B, on April 18, 1980. Mr. M. J. O'Leary had also established seniority on that roster as an assistant 'oreman as of May 8, 1980. The Carrier recalled O'Leary for a 40-hour temporary vacancy.

 The Carrier defended recalling the junior employee because he had recently -- in connection with terminating a leave of absence -- become medically qualified. The Claimant had not taken a physical at the time of the recall, therefore, in the Carrier's opinion, he was not the senior qualified assistant foreman.

 It is the opinion of the Board that the Carrier's defense is inadequate to excuse their ignoring the Claimant's seniority rights. There is no explanation as to why they couldn't have had the foresight to order a physical for the Claimant in
 PL$ 2960

 Award No. 158

 anticipation of the vacancy. There was no assertion that the vacancy was an emergency or in any other way couldn't have been anticipated.

 AWARD
The Claim is sustained.

(iv*--(~


Gil Vernon, Chairman

 Employe Member

 Dated:

 Cj2960.234

 n M. FIa
 arrier Member