The appropriate part of the effective Agreement under Section 20-2Work Week reads as follows:

"Note: The expressions "Positions" and "Work" used in this rule refer to service, duties, or operations necessary to be performed the specified number of days per week, and not to the work week of individual employes.

"(a) General

"The Carrier will establish, effective September 1, 1949, for all employes subject to this agreement, a work week of forty (40) hours, consisting of five (5) days of eight (8) hours each, with two (2) consecutive days off in each seven (7); the work weeks may be staggered in accordance with the Carrier's operational requirements; as far as practicable the days off shall be Saturday and Sunday. This rule is subject to the following provisions:

"On positions the duties of which can reasonably be met in five (5) days, the days off will be Saturday and Sunday.

"(e) Six Day Positions

"Where the nature of the work is such that employes will be needed six (6) days each week, the rest days will be either Saturday and Sunday or Sunday and Monday."

As a result of the change in rest days, effective Tuesday, December 3, 1957, the rest days of Employe R. Jack were in fact changed from Saturday and' Sunday to Sunday and Monday.

POSITION OF ORGANIZATION

That the Claimant worked Monday, December 2, 1957 through Saturday, December 7, 1957 a period of six consecutive days or a total of 48 hours in his work week and that during this week Claimant had one day of rest instead of two days rest as provided in Rule 20-2 (a) above quoted.

Further that under the 20-3 (b) and (c) of the Agreement which reads as follows:

"(b) Work in excess of forty (40) straight time hours in any work week shall be paid for at one and one-half times the basic straight time rate except where such work is performed by an employe due to moving from one assignment to another or to or from an extra or furloughed list, or where days off are being accumulated under paragraph (g) of Rule 20-2 (Work Week Rule).

"(c) Employes worked on more than five (5) days in a work week shall be paid one and one-half times the basic straight time rate for work on the sixth and seventh days of their work weeks, except where such work is performed by an employe due to moving from one assignment to another or to or from an extra or furloughed list, or where days off are being accumulated under paragraph (g) of Rule 20-2 (Work Week Rule).

POSITION OF CARRIER: That, that part of the claim reading "and/or his successor" is not valid under Rule 41, which provides in part:

"(a) All claims or grievances must be presented in writing by or on behalf of the employe involved, to the officer of the Carrier authorized to receive same, within 60 days from the date of the occurrence on which claim or grievance is based * * * "

That the existing Agreement does not limit the Carrier from a change in rest days as made in this instant and that proper notice of change was given.

That the change in work week and rest days became effective on the first day in the new work week so that the rest days were the sixth and seventh days. Claimant's new work week began on December 3 and he worked five days and rested December 8 and 9. Therefore, Saturday, December 7 was not a rest day.

That Rule 17 titled "Rights When Assignment is Changed" specifically provides for a change in rest days and that in the instant dispute the Claimant did not choose to exercise his seniority rights.

"Rule 17-Rights When Assignment is Changed.

"(a) When the established starting time of a regular position is changed thirty (30) minutes or more for five (5) consecutive working days, the assigned days per week changed for a period of four (4) weeks or more, or one or both of the designated rest days changed, the employe affected may, within five (5) days thereafter, upon thirty-six (36) hours advance notice, exercise his seniority rights to any position for which he is qualified, held by a junior employe, Other employes affected may exercise seniority rights in the same manner.

"(b) When the established starting time of an assigned relief position is changed for one (1) hour or more regularly on one or more of the positions covered, or one or both of the designated rest days changed, the employes affected may exercise seniority rights as outlined in preceding paragraph."

OPINION: The assignment in this instant was changed and hence Claimant R. Jack moved from one assignment to another and is therefore not eligible for overtime compensation in accordance with Rule 20-3 (b). Claimant's work week began on Tuesday, December 3, 1957 the date the change became effective and therefore only worked five days during the new work week. We hold in this instant with Award 7918. It is our interpretation of Rule 17 that although only the rest days were in fact changed that this constitutes a change in assignment.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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 there was no violation of the Agreement.

AWARD