PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
 and
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET N0. 21

 STATEMENT "Claim of the System Committee of the Brotherhood that:
 OF CLAIM:
 (1) The Carrier violated the effective agreement by giving improper notice of force reduction to Trackmen E. V. Johnson, E. T. Hannahs, Jr.,, and J. H. Allman, of Extra Gang No. 32122, former Newark Division, in September, 196o.

 (2) Claimants, Trackmen Johnson, Hannahs and Allman now be reimbursed one day's pay at their respective rate of pay, in the amount of $17-056 account of this improper notification."

 FINDINGS: We think the purpose end intent of Rule 43 of the Agreement in
 effect on August 27, 1960 was, simply stated, to give men about to be affected by a force reduction four calendar days advance notice of such intent.

 The language chosen by the framers of the Rule indicate that such employees "will" be so advised by notice "furnished" to their headquarters. There is then added parenthetically "and effort will also be made to give personal notice."

 We think the prime requirement of the Rule -- four calendar days advance notice -- has been adequately met by Carrier here; hence, we can not ,justify penalizing the Carrier on a technicality when the employees were not adversely affected.




                      Edward A. Lynch, Chairman


    (s) A. J. Cunningham (s) T. S. Woods

A. J. Cunningham, Employee Member T. S. Woods, Carrier Member

 Dated at Baltimore, Md., this 7th day of May, 1963.