PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations, Inc.
 STATEMENT Carrier violated Rule 17 and other pertinent rules
 OF
 CLAIM: when, on March 2, 1985, it refused to allow B&B
 Mechanic R. Dagmen to perform overtime service and
 instead assigned a foreman and junior mechanics.
 He is entitled to 10 hours at punitive time rate
 of pay.
 FINDINGS: This case involves the same basic situation as was
 before us in case No. 25. It concerns a protest
 by a B&B mechanic to the use of two junior B&B
 mechanics and two foremen to overtime work
 constructing a retaining wall. Unlike claimant,
 one of the foremen given the overtime had
 previously performed that work in the same work
 week.
 There is no evidence that any of the men assigned
 overtime were not qualified. Their assignment
 therefore is in line with the terms of Rule 17.
 1
 qs-(.o - .2-~

 What this Board had to say in Award a5< involving Case No. 25 is equally applicable here. It was error to give Foreman Flannery, who had not previously worked in constructing the retaining wall, the overtime assignment. No convincing proof was presented to support the validity of his assignment.

 AWARD:

 Carrier Member

 Claim sustained to the extent of the number of hours overtime, not exceeding ten, worked by Foreman Flannery on March 2, 1985. To be effective within 30 days.

 Adopted at Newark, N.J., f9 , 1987.
 d II1
 r -
 Harol eston, Chairman ,

 Employee Member