PARTIES TO DISPUTE:

          Brotherhood of Maintenance of Way Employees


                          and


          Consolidated Rail Corporation


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

      1. The Agreement was violated when the Carrier assigned

      junior Trackman C. A. Gailey to perform overtime service on

      a crossing in the Juniata shops near Fourth Street at

      Altoona, Pennsylvania on July 27, 1996, instead of calling

      and assigning senior Trackman R. A. Zonts to perform said

      work (System Docket MW-4516).


      2. As a consequence of the violation referred to in

      Part (1) above, Claimant R. A. Zonts shall be allowed

      nine (9) hours' pay at the trackman's time and one half

      rate.


FINDINGS:

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

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

      2. That the Board has jurisdiction over this dispute.


OPINION OF THE BOARD:

 A careful review of the record indicates that the Organization proved that the Carrier assigned a junior employee to perform the disputed work.

 Rule 17, titled Preference for Overtime Work, provides in pertinent part:

      Employees will, if qualified and available, be given preference for overtime work, including calls, on work ordinarily and customarily performed by them


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                                          St3A Idlle-Awd 17


      during the course of their work week or day in the order of their seniority.


The record reflects that the Carrier failed to rebut the Claimant's assertion that the Carrier had called the employees on the first half of the alphabetical snow roster to perform the disputed work. Rule 17 requires the use of seniority for assigning employees to perform the disputed work. The apparent use of the snow roster to make the disputed assignment fails to conform with the contractual requirement to assign such work based on relative seniority.

 The uncontroverted evidence of the use of the alphabetical snow roster therefore negates the representation by the Carrier's representative that an unsuccessful attempt had been made to contact the Claimant--whose name clearly falls at the end of the snow roster--to determine the Claimant's availability to perform the disputed work. The absence of the necessary effort by the representative of the Carrier to contact the Claimant for the overtime assignment precludes a finding that the Claimant had become unavailable to perform the disputed work.

 The Claimant had a contractual right to be offered the disputed work assignment based on the Claimant's seniority. By failing to offer the overtime assignment in such a manner, the Carrier failed to comply with the applicable contractual provision.

 AWARD: .

 The Claim is sustained in accordance with the opinion of the Board. The Carrier shall make the Award effective on or before 30 days following the date of this Award.

                    Itobert L. Douglas

                Chairman and Neutral Member


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R. . Robinson D. L. Kerify
 Em loyee Member Carrier Member

 Dated: y,~ (~/ol

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