For the reason stated above, there is no basis for the instant claim and it should, therefore, be denied.

(Exhibits not reproduced.)

OPINION OF BOARD: The Claimant, Hansen, held a monthly-rated "Unassigned Relief Agent" position. This position is designated by an asterisk (+) and permanent vacancies of such positions may be filled from the seniority seniority roster without regard for seniority under Article 2-G. The asterisk position to which claimant was the appointee was assigned to work five days per week with Saturdays and Sundays as the designated rest days. On September 1, 1950, Claimant was informed that effective September 17, his rest days would be changed to Tuesdays and Wednesdays. On September 10, Claimant advised that he would displace F. M. Fred, a junior employe holding appointment to a similar asterisk position with Saturdays and Sundays rest days. Carrier denied Claimant's request on September 18.

The Carrier concedes that Claimant had the right to exercise his seniority to any position not covered by an asterisk but, it contends, he is barred from displacing into an asterisk position, citing Award 5045 determining a prior dispute between these parties.

The Organization points to Art. III, Para. E-2 (2), relating to displacements under circumstances, it contends, present here, in support of its position urging that Article 2-G applies only to the filling of permanent vacancies with which we are not concerned. It argues that since the occupants of asterisk positions are subject to the Agreement, they are fully subject to Art. III, E-1 (displacement by seniority) and E-2 (2).

Respective rule reliance is as follows:

1) Paragraph G of Article II, relied upon by Carrier:

"Notices of permanent vacancies in positions designated by an asterisk (+) in the Rate Schedule shall be posted for the purpose of giving employes an opportunity to present their qualifications for consideration for appointment to such positions. The Company may fill such vacancies by appointment from the seniority roster without regard to seniority." (Emphasis added.)

2) Paragraph E-2 (2), Art. III and Paragraph E-1 therein referred to, relied upon by the Organization:

"E-2. An employe may remain on his regular position or may exercise seniority in accordance with the provisions of Paragraph E-1 of this Article III, if he indicates to the proper officer his intention to do so, in writing, within ten (10) days of the day on which any of the following circumstances occur:

"(2) When either or both rest days of his position are changed from that shown when it was last advertised."

"E-1. An employe may displace a junior employe by the exercise of his seniority in the following circumstances:

"(7) When he elects to choose another position in accordance with the provisions of Paragraph E-2 of this Article III."

Under Rule G-II Management has retained rights of appointments to the aster:slc positions from the roster without regard to seniority. This discretion

is attendant upon a comparatively few positions which were presumably reserved either because of the responsibilities of the locations or to provide trainee positions for future managerial personnel. Whatever the reason, the exception is clearly stated by the rule and represents the outcome of past negotiations of the parties. We should strive to so interpret other articles in the Agreement so as to preserve and not destroy needlessly any particular section thereof.

To apply the general displacement rule to asterisk positions as contended for by the Organization, would render Carrier's free choice in making appointments thereto a mocker. We say this because under such theory, any such appointee could immediately thereafter be swept from the position by a senior employe irrespective of his qualifications, under any one of eight circumstances set forth in Rule E-1. We should not assume that the parties intended to do a useless act in negotiating Rule G-II, nor, should we so interpret an Agreement so as to result in an absurdity when a path is open to effectuate an expressed intent. Claimant was considered for this particular asterisk position based upon his special qualifications as reflected by his application. He is not necessarily qualified for other asterisk positions, including other positions of unassigned relief agent. Note spread in salary between the different asterisk positions.

Further, we stated in Award 5045, a dispute between the same parties, that "The right * * * to displace is limited to junior employes holding nonasterisk positions." While such statement was gratutiously made, we believe that it expressed a correct interpretation of the rules involved in both disputes.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement does not sustain the claim asserted.

AWARD