assignment is bulletined to work, and for unassigned employes shall mean a period of seven (7) consecutive days starting with Monday.'

It would seem to follow that an employe who, in his employment, falls within the second class is not performing work of an assignment, and when he moves from one such position to another he does not, within the meaning of the exceptions discussed, move from one assignment to another."

The disputes involved in Awards Nos. 5794, 5795 and 5796 of this Division, which involved facts similar to those present in the instant case and which arose on this property, were presented to this Division by the Brotherhood of Railway Clerks, Freight Handlers, Express and Station Employes based on the contention that Rule 12, Section 1, paragraph (i) provides that an extra or unassigned employe, when filling temporary vacancies of regular assigned employe, begins his work week as of Monday, and when forty (40) hours or five (5) days of work have been completed by Friday, punitive rate should be allowed for work performed on Saturday or Sunday.

The Carrier, after receiving the Awards of this Board sustaining the claims in those cases, fulfilled the directive contained in the orders accompanying those awards and paid the claimants in accordance therewith and also so applied Rule 12, Section 1, paragraph (i) in all future cases, including the one involved in this docket.

As previously stated, the claimant was an extra clerk and it was extra work that he was performing. Under Rule 12, Section 1, paragraphs (h) and (i), stating that for an extra unassigned employe a work week is a peroiod of seven consecutive days starting with Monday, and five pro rata days of work, five eight-hour days in a work week of seven days, beginning on Monday, may be spread through a period of seven days, or through Sunday.

In view of all the foregoing, the contention of the Committee should be dismissed and the claim denied.

The substance of all matters referred to herein has been the subject of correspondence or discussion in conference between the representatives of the parties hereto, and made a part of the particular question in dispute.

(Exhibits not reproduced.)

OPINION OF BOARD: Claimant here was an extra employe and, as such, was used to fill the assignment of a regular employe who was absent on vacation. In doing so, Claimant was governed by Rule 12, Section 1(h), which provides in pertinent part:

"(h)-Rest Days of Extra or Furloughed Employes

" * ° · if they take the assignment of a regular employe they will have as their days off the regular days off of that assignment."

Claimant, having taken the assignment of a regular employe, had as his days off the regular days off of that assignment, and as he was required to work on Sunday, June 27, one of the regular rest days of that assignment, Part (1) of the claim will be sustained.

Due to the facts and circumstances involved in this dispute, Part (2) of the claim will be dismissed.

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 Part (1) of the claim will be sustained and Part (2) will be dismissed in accordance with Opinion.

AWARD