Award No. 
Case No. 10

Public Law Board No. 3043


United Transportation Union


Union Pacific Company


Claim of Omaha Yardman C. A. Navarro for eight hours at the pro rata rate in lieu of 30 minutes at the overtime rate allowed, account denied rights to preference of work on August 31, 1978.
FINDINGS: There is no question but that claimant was mishandled. A junior man, J. L. Germer, was used instead of claimant for Job 6a, a position that claimant was clearly entitled to fill under the applicable seniority rule, Rule 12(e). In Carrier's view, the claim must be denied since Rule 12 (e) contains no penalty provision and claimant suffered no monetary loss or hardship. We disagree.

     The claim will be sustained not as a penalty, but in order to enforce an unambiguous rule and to uphold an important seniority right.


Claim sustained. To be effective within 30 days.

Adopted at Omaha, Nebraska, 1982,

Harold M. Weston, Chairman and Neutral

J. E. Trummer, Carrier Member

C. F. Christensen, Employe Member