3. Carrier further violated the Agreement, when on the 2nd and 3rd days of August, 1952 it failed to use extra employe J. E. Simpson to perform rest day relief service at Point Pleasant, Ohio, on the first shift, instead of J. A. Evans.

4. Carrier shall now compensate J. E. Simpson at the straight time rate for eight hours on August 2 and 3, 1952.

STATEMENT OF FACTS: Case No. 1. E. R. Andrews is regularly assigned to Relief No. 21, programmed to work as follows: first shift "BK", Corning, Ohio, Sunday and Monday; second shift "BK" Tuesday and Wednesday; third shit "BK Thursday. His rest days are Friday and Saturday.

Claimant Andrews by his own request was assigned to a temporary vacancy relieving the Agent-Operator, E. S. Bingham, at Glouster, Ohio, beginning September 8, 1952. The Agent-Operator at Glouster had a work week beginning Monday, Saturday and Sunday being the assigned rest days. Andrews filled that position September 8, 9, 10, 11, 12, 15, 16, 17, 18 and 19, 1952, while the regular man, E. S. Bingham was on vacation. Mr. Andrews was off on the rest days September 13, 14 and 20, 1952. The Carrier required or permitted Andrews to return to Relief Assignment No. 21 and work on Sunday, September 21, 1952, the second rest day of his assigned work week which began or. Monday, September 15. Mr. H. S. Hunt was the senior idle extra employe who had not worked forty hours in this work-week and was available and entitled to work Relief Assignment No. 21 on September 21, 1952, first shift "BK".

The following is a graphic account in chronological order of the temporary vacancies and employes here involved:

Regular Owner: E. S. Bingham Regular Owner: E. R. Andrews

Agent Operator Regular Relief

Glouster, Ohio Assignment No.

21

Temporary Vacancies

Agent-Operator Assignment Regular Relief Assignment No. 21

Glouster, Ohio

September 1952

Temporarily filled by: Temporarily filled by:

EMPLOYES' STATEMENT OF FACTS: Case No. 2. J. A. Evans is regularly assigned to rest day relief No. 8, programmed to work as follows: first shift Point Pleasant, Ohio, Saturday and Sunday; second shift Point Pleasant, Monday and Tuesday; third shift Point Pleasant, Wednesday. The rest days are Thursday and Friday.

assignment followed claimant then he should have worked big regular assignment on November 23, 24 and on November 30 and December 1, 1950. This, we think, was neither the intent nor purpose of the rules as written. (Empasis added)

In view of what we have said we find the claim to be without merit."

SUMMARY

The carrier has conclusively shown that:-

1. No Agreement rule was violated;

2. The provisions of the rules cited by the Organization lend no support whatever to the claims in this docket;

3. There is no Agreement rule or understanding which prohibits or restricts a regular employe from returning to his own regular assignment and resuming work thereon on the day after he works a temporary vacancy which terminated;

4. The temporary vacancy on the Monday-through-Friday assignment at Pt. Pleasant (Case No. 2) terminated Friday, August 1, 1952;

5. The two days, Saturday, August 2, and Sunday, August 3, 1952, for which claims are made in Case No. 2, were the 1st and 2nd days of Relief Operator Evans' Saturday-throughWednesday work week and were worked by him;

6. The temporary vacancy as Agent-Operator at Glouster terminated Friday, September 19, 1952;

7. The one day, Sunday, September 21 1952, for which claims

are made in Case No. 1, was the first day of Relief Operator

Andrews' Sunday-through-Thursday work week and was worked

by him;

8. Claims on behalf of Extra Operators (Hunt, Case No. 1 and Simpson, Case No. 2) under Article 21 have no status because there was no extra work to be performed on the days for which claims are made and Article 21, therefore, is not applicable;

9. Agreement rules uphold the carrier's position;

10. National Railroad Adjustment Board Awards support the position of the carrier;

11. The claims in this docket are not valid under existing rules, are based on untenable nremises and should be denied.

(Exhibits not Reproduced.)

The Agreement was violated.

AWARD