STATEMENT OF CLAIM:

      "Claim of the System Committee of the Brotherhood that:


(1) The carrier violated the Agreement of February 24, 196,2 by failing to assign furloughed Machine Operator Donald R. Anderson to operate High-lift No. 944.-A, and a Road Grader for removing snow at the Buffalo Creek Yards.

 (2) Carrier shall now reimburse Claimant Donald R. Anderson for 10 hours at his time and one-half rate account of this violation of his seniority rights."

 FINDINGS:

 The work here subjected to claim was performed on a Saturday which is not a part of any assignment.

 The rules agreement is quite clear in saying that where work is required
 b y the Carries to be performed on a day which is not a part of any assignment,
 it may be performed by an available extra or unassigneC. employe who will not
 otherwise hsva forty hours of work that week; in a?a other cases "by the regu
 lar employe."

 Carriers letter declining the claim agrees it was extra work and not a part of any regular. assignment.

 Carrier should have offered it to an available extra or unassigned employe who did not have 40 hours of work that week. Claimant Donald R. Anderson fits the category and should have been called. The claim will be sustained for ten hours at pro rata only.

 AWARD: Claim sustained at pro rata only.

                Is/ Edward A. Lynch -

                Edward A. Lynch, Chairman


/s/ A. J. Cunningham /s/ W. B. Kohler (Dissent)
 A. J. Cunningham, Employe Member W. B. Kohler. Carrier Member

 Dated at Baltimore, Maryland, this 29th day of June, 1965.