OPINION OF BOARD: This dispute concerns the Carrier's use of Clerk Filler rather than the Claimant to perform overtime work on Saturdays. Both employes are Class 1 clerks, who work in the same seniority district and office on Monday through Friday, Saturday and Sunday being rest days. In conjunction with other duties, each receipts waybills, Claimant handling those on freight received in trap cars and Filler those received in trucks and trailers. On Saturdays there was a certain amount of clerical work available and Carrier called Filler, the senior employe, to perform it. On those days he handled, among other duties, the waybills on freight received not only in trucks and trailers, as he did during Monday through Friday, but also those on freight received in trap cars.
Rule, 45 (f) deals specifically with work on unassigned days and reads as follows:
It is clear that each of the Saturdays in question was a day not part of any assignment. Since there were available no extra or unassigned employes with less than forty hours of work those weeks, "the regular employe" was entitled to the work.
Accordingly, the ultimate question is whether or not Claimant was "the regular employe" within the meaning of Rule 45 (f). The record shows that Filler handled mixed work on Saturdays, including work over which Claimant has and makes no claim. Just what part of his Saturday working time was devoted to the disputed duties does not appear. We are not satisfied that the record establishes that the work performed by Filler and Claimant is sufficiently different to vest the latter with exclusivity or preference in handling waybills on freight received in trap cars, when these duties are mixed with other waybill work customarily performed by Filler. We can not agree that Claimant is "the regular employe" under those circumstances. To rule otherwise would, in our opinion, produce a result that is artificial and unreasonable.
The work involved is of a type reserved to the clerks as a class. At least two employes-Claimant and Filler-were entitled to perform the mixed clerical duties on an overtime basis and the latter, as the senior employe, has priority and properly received the Saturday work in line with Rule 49 of the Agreement.
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;