after six consecutive days of work for one day of rest, the Carrier made every effort to employ additional employes to relieve the employes on their rest day. As has been previously stated, that was done in this case. Irrespective of the Organization's position now, they cannot disprove the Carrier's good-faith intentions in trying in this instance, as it did in other relief assignments on other operating divisions, to arrange a relef assignment comprising six positions which would have included the Station Helper's position at Erick.

When the Memorandum of Agreement dated August 13, 1945 was concluded, it was mutually recognized and understood that there might be some "continuous operation positions which possibly could not be included in relief assignments. Provision was therefore made in item three of that agreement as to the manner in which such positions should be relieved. Keeping in mind the importance of relieving the employe on his rest day, it was stipulated relief could be arranged by

One--Employes on Extra Boards where such Boards were maintained.

Two-Furloughed employes.

Three-Employment of additional employes.

There was no discussion whatever at the time of making the agreement of August 13, 1945 that if an employe was not included in a full six-position relief assignment, he must have Sunday as his rest day. Nor is such a provision to be found in the agreement of August 13, 1945.

Manifestly the employes cannot be sustained in a claim that we had no right to comply with not only the fundamental purpose of the rule, but the wish of the employe also. Inasmuch as the Carrier's good intentions to arrange and fill the relief assignment, including the position at Erick, could not be carried out because of insufficient personnel, surely Petitioner cannot deny the right of the Carrier to relieve the Claimant as was done under item three.

Nothing in the Memorandum of Agreement of August 13, 1945 nor Rule 54 commands or makes it mandatory that the Carrier relieve the Claimant on Sunday. Nor does the history of labor relations on American railroads and the decisions of the U. S. Railroad Labor Board support any conclusion that Rule 54 makes it obligatory on the Carrier to assign any employe holding a continuous operation position Sunday as a rest day. It was possible to relieve the Claimant on Mondays. The paramount consideration and basic principle of the rule is that employes shall be relieved if at all possible on their rest day. The end sought, relief of the employe on his rest day, was superior to the means of effecting the relief. This undoubtedly was also the reasoning followed by the Board which handed down the 1621 rule. The important consideration was to provide personnel whereby the employes would be relieved on their rest days.

For a history of handling in connection with U. S. Railroad Labor Board Decision 1621, also the events culminating in Rule 54 becoming effective, see Carrier's submissions in Docket CL-3616.

When there is no provision in the rule making it mandatory to assign Sunday as the Claimant's rest day, we think the following question is pertinent: Why should he be paid time and one-half for Sundays during the period of the claim when he requested relief on Mondays?

It is hereby affirmed that all data herein contained is known to the employe's representative and is hereby made a part of this dispute.

We respectfully petition this Board to deny the claim.

(Exhibits not reproduced.)

OPINION OF BOARD: M. W. Penland was regularly assigned as Station Helper at Erick, Oklahoma, on a position necessary to the continuous opera-

tion of the Carrier. His assigned day of rest was Monday. On his relief days for the period covered by the claim his position was filled by a Mrs. Henry. Apparently those days were the ones following the days named in the claim since the days named are Sundays and his relief day was Monday. Mrs. Henry was not an employe regularly assigned to the relief of the position and there was no other regularly assigned or extra relief.

The gist of the claim is that there having been no regularly assigned or extra relief for the position and it having been a position necessary to the continuous operation of the Carrier, he was entitled to have Sunday designated as his relief day and was entitled to compensation at the rate of time and one-half for work on that day under the Sunday and Holiday Rule whereas he was paid only the pro rata rate.

In order to avoid confusion in relation to the true subject matter of the claim it appears appropriate to say at this point that this is not a claim for work denied because Mrs. Henry was allowed improperly to occupy the position in relief of Penland.

The Sunday and Holiday Rule became effective between the parties July 15, 1945. It is the so-called standard rule and will not be quoted herein. The particualr provision of the Rule which it is claimed was violated is that which requires that in positions necessary for continuous operation of the Carrier the assigned day off duty shall be Sunday if possible.

On August 13, 1945 a Memorandum of Agreement was entered into between the parties, the obvious purpose of which was to implement for situations such as he one presented here and others the Sunday and Holiday Rule.

An application of the Sunday and Holiday Rule and the following from the Memorandum of Agreement to the facts disclosed by this docket appears to furnish a proper determination upon this claim:

"It is agreed in the application of Rule 54 of the agreement dated at Chicago, August 2, 1945, relief programs will be arranged and agreed to between the Division Superintendents and Division Chairmen. In principle the relief shall be arranged in the following manner:

1. A bulletin will be issued to each holder of a seven day assigned monthly rated position giving that employe an opportunity to designate seven different choices of relief days in the order of his or her preference. The employing officers and the Division Chairmen will cooperate in assigning relief days giving consideration to the requirements of service and the preference of senior employes.

2. Where six (6) positions are to be relieved, a position of relief clerk will be advertised, specifying the day of the week on which each of the six (6) positions will be relieved, the rate of pay on each position to be relieved and the assigned day off duty of the relief clerk.

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