The Second Division consisted of the regular members and in
addition Referee John .1. McGovern when award was rendered.
SYSTEM FEDERATION NO. 114, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. 0. (Carmen)
SOUTHERN PACIFIC TRANSPORTATION COMPANY
(Pacific Lines)
EMPLOY ES' STATEMENT OF FACTS: Carmen Helper W. L. Lucein, (hereinafter referred to as Claimant) is regularly employed as Carmen Helper by the Southern Pacific Transportation Company (Pacific Lines), hereinafter referred to as the Carrier, at San Francisco Depot including train yard service at San Francisco, California.
On February 7, 1970 the Carrier gave Claimant notice that his job would be abolished at the completion of his shift on February 12, 1970 which was on the 7:30 A. M. to 3:30 P. M. shift, and that he may exercise his Seniority in accordance with Rule 29, of the Motive Power and Car Departments Agreement. On February 7, 1970 a bulletin was posted advertising a job fox one (1) Carman Helper, 5 days position with Saturdays and Sundays as rest days and Holidays, which was vacated by A. Rasmus on the 3:30 P. M. to 11:30 P. M. shift.
Due to the fact that Claimant was the Junior working Carman Helper on the Seniority Roster, he had no Seniority to exorcise. Therefore Claimant in-
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 Juno 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant held an assignment as Carman Helper with assigned hours of 7:30 A. M. to 3:30 P. M. daily except Saturdays, Sundays and holidays. He was advised by the Carrier that effective February 12, 1970, his position would be abolished and that he could exercise his seniority in accordancee with Rule 29. A bulletin was posted advertising a position of Carman Helper with assigned hours 3:30 P. M. to 11:30 P. M. daily except Saturdays, Sundays and holidays. Claimant bid for this position and was awarded same effective February 13, 1970. He was compensated for eight (8) hours work at the pro rata rate, but demands an additional 4 hours compensation citing Rule 12 of the Agreement as his authority. He denies that ha exercised his seniority since he was the junior man on the list, and had no alternative other than to revert to furlough status.
Clearly in this instance the undisputed facts are that claimant did bid on this new position and was awarded same. This was an exercise of his seniority rights, nothing more, nothing less, all arguments advanced by the organization to the contrary notwithstanding. The overtime rate in consonance with the provisions of Rule 12 will not be paid when an -employe exercises his seniority rights. The o'rganization's arguments to the contrary are not persuasive. We find no violation of the Agreement. We will deny the claim.