PARTIES TO DISPUTE:



          Union Pacific Railroad Company


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

          1. The Agreement was violated when the

          carrier assigned Section foreman L. R. Gillis

          to perform overtime service (stress relief in

          the track) at Mile Post 367.60 on the

          LaGrande Subdivision on Friday, August 28 and

          Saturday, August 29, 1998, instead of calling

          and assigning regularly assigned Track

          Subdepartment Welder P. D. Powell to perform

          said work (System File J-9835-60/1163139).


          2. As a consequence of the violation

          referred to in Part (1) above, track

          Subdepartment Welder P. D. Powell shall be

          allowed six (6) hours' pay at his time and

          one-half rate and two (2) hours' pay at his

          double time rate for the total number of man

          hours expended by Track Foreman Gillis in the

          performance of the work in question.


FINDINGS:

 This Board, upon the whole record and all of the evidence, finds and holds as follows:

 1. That the Carrier and the Employees involved in this dispute are, respectively, Carrier and Employees within the meaning of the Railway Labor Act, as amended,; and

      2. That the Board has jurisdiction over this dispute.


OPINION OF THE BOARD:

 The record indicates that the Claimant regularly performed the disputed work during his regular hours of work and on overtime as well. The Carrier failed to contact the Claimant by the means

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that the Carrier had available to contact the Claimant for the purpose of offering the Claimant an opportunity to accept the additional overtime work-assignment. The record omits any basis to absolve, excuse, or relieve the Carrier from the requirement under these particular circumstances to have contacted the Claimant in a timely manner to determine the Claimant's interest in performing the disputed work. In the absence of any justification in the record for the Carrier's failure to contact the Claimant by the available means of communication, the Claim is sustained.

 AWARD:

 The Claim is sustained in accordance with the opinion of the Board.

                    R bert L. Do gla

                Chairman and Neutral Member

                                      0

D/. Barthol~ D. A. Ring
 EmpUyee Me a _~ Carrier Memb 43

 Dated:

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