STATEMENT OF CIAIM : "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the effective Agreement by failing to retain in its service Trackman Elvin F. Leases Pittsburgh East End Division, subsequent to July 2nd, 1962, and instead retained a Junior trackman.

 (2) That Trackman Elvin F. Lease, be now reimbursed for 8 hours'pay at the trackman's rate for each of the following days:

FINDINGS: The claimant here had established seniority in his own gang under Rule 10 d). Carrier's defense that claimant's "work did not prove satisfactory" is not acceptable. He had worked as a trackman from May 11, 1962. There is no evidence here of unsatisfactory work performance from that date until August 31.. 1962 -- almost two months after claimant had been furloughed.. and five weeks after he filed this claim.

 AWARD : Claim sustained.
                  Edward A. Lynch, Chairman


s A . J. Cunningham s W. B. Kohler - Dissent
 A. J. Cunningham, Eamloye Member W. B. Eger, Carrier Member

 Dated at Baltimore, P.1aryland, this 29th day of June, 1965.