THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
EMPLOYES' STATEMENT OF FACTS: As of November 11, 1956, when this dispute arose there were eight clerical positions, one relief clerk and one janitor employed at Brookfield. Four of the eight clerical positions were designated as seven-day jobs under the Forty Hour Week Rules. A relief worker filled five days per week relief service and the remaining three days were filled by available furloughed or extra employes. Statement of the force employed at Brookfield with their rates of pay, hours of assignment, etc., is attached as Employes' Exhibit No. 1-A. There is also attached copies of bulletins and assignments to the jobs at Brookfield particularly involved in this dispute and marked Employes' Exhibits Nos. 1-B, 1-C, 1-D, 1-E, 1-F, 1-G, 1-H and 1-I.
The Claimant, Mr. Robinson, was regularly assigned to position of First Yard Clerk, seven-day per week position, Tuesday through Saturday, with Sunday and Monday of each week designated as rest days. The regular relief worker, Mr. Crafton, was assigned to relieve Robinson on his rest days, Sunday and Monday of each week. On Sunday, November 11, 1956, relief worker Crafton laid off, with permission, to attend training exercises in the Air Corp Reserve. The Carrier called no one to fill the relief requirements on Robinson's job but instead "annulled" the vacancy and arbitrarily assigned the work that was there to be performed to a relief worker McCollum, who was filling Ticket
that pay for time lost can only be made at the pro rata rate. This principle has been so well established that citation of authority should no longer be necessary.
All data herein and herewith has previously been submitted to the Employes.
OPINION OF BOARD: This dispute has arisen over whether there was a violation of the Clerks Agreement when the Carrier failed to call the Claimant to work on his rest day to fill a vacancy on a regular relief assignment.
We find that above rule is not applicable and there has been no violation 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 Employe involved in this dispute are respectively Carrier and Employe 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