As evidenced by the foregoing data, it is the past practice at Pontiac, Michigan, for vacation relief employes to observe the rest days of the temporary vacancy they are assigned to fill, regardless of whether such rest days fall during or immediately following the days worked on such vacation vacancies.

In summary of the carrier's position in this dispute, it should be pointed out that the employes in their progression of this claim on the property have failed to support their contentions in this case by (1) the rules of the current Working Agreement, (2) by the past practice in effect at Pontiac, Michigan, or (3) by any Award of the National Railroad Adjustment Board.

The instant claim should be denied and carrier requests that this Board so award for the following reasons:

1. No violation of the current Working Agreement has occurred in the instant case.

2. Claimant B. R. Frailey was handled in accordance with the established past practice at Pontiac, Michigan, on December 23, 1961.

The instant dispute has been handled in the usual manner on the property and has been denied by the Vice President and General Manager, the highest office of the carrier designated to handle claims or grievances.

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.

Parties to said dispute were given due notice of hearing thereon.

The Claimant, Carman B. R. Frailey, was regularly assigned to work on the Repair Track Tuesday through Saturday at Carrier's facility at Pontiac, Michigan. The Claimant "was also assigned, through bid, as a vacation relief employe".

On December 16, 1961, Car Foreman R. E. Sherman instructed the Claimant to cover the vacation relief assignment of Car Inspector g. Black during the week beginning Monday, December 18, 1961. Car Inspector Black was regularly assigned to the East End Yard Car Inspector's position and worked Monday through Friday.

The Claimant worked Black's position from Monday through Friday, December 18 through the 22, 1961, and on Saturday, December 23, 1961, the Claimant sought to return to his own regular assignment but the Carrier denied him the right to do so.

The Carrier contends that the Claimant's temporary vacation relief assignment did not end until Monday, December 25, 1961, the date on which the regular incumbent was scheduled to return to work.

The Organization, on the other hand, contends that the Claimant "should have been allowed to return to his own assignment the first day after com-

"RULE 1-HOURS OF SERVICE

(i) Beginning of Work Week

The term `work week' for regularly assigned employes shall mean a week beginning on the first day on which the assignment is bulletined to work.

(1) Overtime Provisions

Work in excess of 40 straight time hours in any work week shall be paid for at one and one-half times the basic straight time rate except where such work is performed by an employe due to moving from one assignment to another

Employes worked more than five days in a work week shall be paid one and one-half times the basic straight time rate for work on the sixth and seventh days of their work week, except where such work is performed by an employe due to moving from one assignment to another * * * "

"RULE 8-DISTRIBUTION OF OVERTIME

When it becomes necessary for employes to work overtime they shall not be laid off during regular working hours to equalize the time. Record will be kept of overtime worked and men called with the purpose in view of distributing the overtime equally."

"RULE 14 -BULLETINING AND FILLING VACANCIES

Employes assigned to temporary vacancies or temporary positions will return to their former assignments on termination of such temporary vacancy or temporary position."

AWARD