for the service beginning at 11:45 p.m. on August 6, 1958 and, therefore, was properly recalled from the furloughed list to perform that service, there is absolutely no basis for the claim in behalf of Employe Keehner who, as stated, was a junior furloughed employe.

There is no basis for this claim. There has been no violation of the rules.

All data contained herein has been presented to the employes and made a part of the question here in dispute.

(Exhibits not reproduced.)

OPINION OF BOARD: R. Dunham was regularly assigned to Position #56 as Yard Clerk. His assigned hours were 11:45 P. M. to 7:45 A. M. Friday through Tuesday, with rest days of Wednesday and Thursday. Wednesday, the first rest day, is a tag-end or unassigned day. Thursday, the second rest day, is included within regular Relief Position #18. Employe I. Shrake was the regularly assigned occupant of Relief Position #18.

R. Dunham started his one week vacation on Friday, August 1, 1958. Claimant, K. Arneson, who was the senior furloughed employe, was recalled in accordance with Rule 12 (d) and assigned to fill the vacation vacancy. Arneson worked Friday, August 1 through Tuesday, August 5. Wednesday, August 6 was a tag-end or unassigned day. Carrier directed and Arneson did work on that day. It was his sixth consecutive day of work on Position #56. He was paid at the straight time rate for that day.

Claimant, Arneson asks for four additional hours of pay at the straight rate for work on Wednesday, August 6, 1958, his sixth day of work on Position #56. A claim was also filed in behalf of R. D. Keehner, the senior furloughed employe who was available to work Position #56 on August 6, and who had less than 40 hours of work that week.

Carrier contends that the overtime rule does not apply to Claimant, Arneson because his assignment to Position t=56 terminated on Tuesday, August 5 and he was assigned to work on August 6 from the furloughed list. Carrier also contends that Arneson meets the exception in Rule 32 (c) and (d). This Rule provides:

"(c) 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 27.

"(d) Employes worked more than five 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 27."

Carrier emphasizes that part of Rule 32 (c) and (d) which reads:

. . 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 . . ."

Rule 27 (h) reads:

"(h) Rest Days of Extra or Furloughed Employes

To the extent or furloughed employes may be utilized under this agreement or practices, their days off need not be consecutive; however, if they take the assignment of a regular employe they will have as their days off the regular days of that assignment."

"It seems clear . . . that an extra employe who works all five days of the work week of a regular assigned employe i s entitled to the two rest days incidental to that work week, and, if he is required to work on the rest days thereof, he is entitled to be paid for the rest day work, namely, the time and one-half rate:"

"August 3 and 4 were rest days of Position 111. It is the contention of the Carrier that when furloughed employe Hall finished the last work day (August 2) of the vacation vacancy that he had been filling, his status reverted to that of a furloughed employe and when he moved to Position No. 3 to cover the vacation vacancy he was not entitled to overtime by reason of the exception in 32 (c). The Organization contends that August 3 and 4 were the rest days of Position 111 and Hall did not revert to a furlough status until the expiration of the work week [Rule 27 (h)]. This rule provides that if a furloughed employe takes the assignment of a regular employe they will have as their days off the regular days of that assignment. This rule applies here, and August 3 was one of employe Hall's rest days. Thus when he worked Position 3 on Saturday, August 3, Rule 33 (c) became applicable."

Agreement and with Decision No. 31 of the 40 Hour Week Committee. That. decision said, in part:

"An extra employe cannot claim extra work in excess of 40 hours in his work week if another extra employee who has had less than 40 hours in his work week is available, except that if filling the assignment of a regular employee he may continue thereon, subject to any limitation in the individual agreement with respect to retention of assignments by extra employees . . ." (emphasis ours).

Arneson was filling the assignment of a regular employe and was, thus, entitled to "continue thereon" in preference to Claimant Keehner, a furloughed employe who had less than 40 hours of work in his work week.

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 the Carrier violated the Agreement with respect to the claim of K. Arneson and did not violate the Agreement with respect to the claim of R. D. Keehner.

AWARD