point to augment the force at another point under Rule 11 to temporarily handle additional or extra work, which could not be handled by the regular force during assigned hours. In fact, there have been many instances where employes have been sent from Cleburne to Fort Worth, as well as other points, to perform temporary service under the provisions of Rule 11 of the current agreement, without any protest or claim having been submitted by the employes.

It is a prerogative of the carrier to determine whether it shall augment its force or work employes on an overtime basis to perform extra work.

Without prejudice to its position, as previously set forth herein, the carrier desires to call attention to the fact that the claim in behalf of each claimant is for payment at the "applicable overtime rate," which the carrier construes as meaning at time and one-half. It is a well established principle, consistently recognized and adhered to by both the Second and Third Divisions of the National Railroad Adjustment Board, that the right to work is not the equivalent to work performed under the overtime and call rules of an agreement.

See Second Division Award No. 1601, from which the following excerpt is quoted from the Findings of the Board:

"We think also that the pro rata rather than the overtime rate is the proper one to apply to the two hours and forty minutes. We follow the principle set forth in many previous awards of this Board that, when some employe other than a claimant has performed at a pro rata rate work properly belonging to the claimant at an overtime rate, the pro rata rate is sufficient to penalize the carrier and to make whole the claimant, who actually did not perform the work."

also Third Division Awards 4244, 4645, 4728, 4815, 5195, 5437, 5764, 5929, 5967 and many others.

In conclusion, the carrier respectfully asserts that the claim of the employes in the instant dispute is entirely without merit or support under the agreement rules and should be denied in its entirety.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The parties to said dispute were given due notice of hearing thereon.

This claim involved the same issue raised in Docket No. 1766, determined by Award No. 1939 and is controlled by that award.

AWARD