when he was required to report to Ewing Avenue to perform work at that point.

EMPLOYES' STATEMENT OF FACTS: Prior to April 21, 1958, the force at Ewing Avenue included:

Yard Clerk No. 18, 7:00 A. M. to 3:00 P. M., 7 days per week,

Yard Clerk No. 19, 3:00 P. M. to 11:00 P. M., 7 days per week,

Yard Clerk No. 44, 11:00 P. M. to 7:00 A. M., 7 days per week,

Yard Clerk No. 21, 1:30 P. M. to 9:30 P. M., 7 days per week.

Prior to April 24, 1958, the force at Chouteau Avenue consisted of:

Car Service Clerk No. 13, 7:00 A. M. to 3:00 P. M., General Clerk No. 55, 2:30 P. M. to 10:30 P. M., 7 days per week.

All clerical employes at both Ewing Avenue and Chouteau were relieved on rest days by regularly assigned Relief Clerks, James Ellison relieving on Position No. 18 at Ewing Avenue and M. Dochnal relieving on Position No. 55 at Chouteau Avenue.

Effective at the close of work April 20, 1958, Position No. 21 at Ewing Avenue was abolished. Effective at the close of work April 24, 1958, General Clerk Position No. 55 at Chouteau Avenue was abolished. See Employes' Exhibits 1(a) and 1(b). Effective April 21, 1958, the hours of Yard Clerk Position No. 18 were changed to 9:00 A. M. to 6:00 P. M. with one hour for lunch, as shown in Employes' Exhibit 1(c). On April 22, 1958, the hours on Position No. 13 at Chouteau Avenue were changed to 7:00 A. M. to 4:00 P. M., with one hour for lunch, as shown in Employes' Exhibit 1(d). Also effective April 22, 1958, the hours of Yard Clerk Position No. 44 at Ewing Avenue were changed to 11:00 P. M. to 8:00 A. M. with one hour for lunch, as shown in Employes' Exhibit 1(e), and 1(f). Effective April 29 hours of Yard Clerk Position No. 18 at Ewing Ave. were changed to 9:00 A. M. to 5:00 P. M. with no assigned meal period, as shown in Employes' Exhibit 1(g). On April 21, 1958, the Carrier established a new position of General Clerk at Chouteau Avenue with approximately the same duties as previously attached to abolished Position No. 55 at Chouteau Avenue, the location showing, "Chouteau Avenue and elsewhere as needed in St. Louis Terminal", and with assigned hours of 2:00 P. M. to 10:00 P. M., which was assigned to Thomas O'Toole, (See Employes' Exhibits 1(a), 1(i), and 1(j)), and the incumbent thereof instructed to go to Ewing Ave. at 5:00 P. M. each day and remain until approximately 9:00 P. M. each day to assist the yard clerical force at that point, which work had previously been assigned to the abolished Position No. 21 at Ewing Avenue. Effective April 30, 1958, the assigned hours of Position No. 58 were changed to 2:00 P. M. to 11:00 P. M. with one hour for lunch, as indicated in Employes' Exhibit 1(k). Subsequently, on November 24, 1958, General Clerk Position No. 58 was abolished, as shown in Employes' Exhibit 1(1), and a new position of General Clerk No. 66 at Choutean Avenue established with location shown as "Chouteau Avenue and elsewhere as needed in St. Louis Terminal", as shown in Employes' Exhibit 1(m), and with approximately the same duties as previously attached to General Clerk Position No. 58, except for the checking of industries from Knox Avenue to Chouteau Avenue, which was assigned to a newly established Yard Clerk-Messenger Position No. 59, which was later abolished and a new position of Messenger established with exactly the same duties as the former Yard Clerk-Messenger Position No. 59, which is the subject of an addition claim. The occupants of Position No. 58 and Position No. 66 have continued to perform the work at Ewing Avenue for four hours on each date.

Also, returning for a moment to Award 5640 on this property, it was there stated:

"Thus, whether any overtime was absorbed at Ewing Avenue depends upon whether there was such an available extra or unassigned employe. If there was, no overtime was absorbed at Ewing Avenue; but if there was not, the regular employe, whose day off it was, was entitled to the work at time and one half (see Award 2341)."

Rule 47 in the controlling agreement reads:

"Employes shall not be required to suspend work during regular hours to absorb overtime."

There was not overtime worked either at Chouteau Avenue or Ewing Avenue Yard and none of the claimants was required to suspend work during regular hours. The claimants worked the regular hours of their assignments and were duly compensated therefor. Had there been any occasion to supplement the regular working force with additional personnel, there were extra or unassigned employes available and the Organization does not contend otherwise. It cannot be shown by evidence beyond the realm of speculation and conjecture that the claimants were required to suspend work during regular hours to absorb overtime and any claim predicated upon that rule is unmeritorious.

The agreement rules as they apply to the particular factual situation involved do not warrant a sustaining award and this Division is requested to so find.

(Exhibits not reproduced.)

OPINION OF BOARD: In the seniority district of the St. Louis Terminal there are three Yard Offices, the Ewing Yard Office near 23rd Street, Chouteau Yard Office near Mile Post 3.0, and Lindenwood Yard Office at Mile Post 7.1. On April 21, 1958 the Carrier bulletined a position of General Clerk No. 58 at Chouteau as located at "Chouteau and elsewhere as needed in St. Louis Terminals." The successful bidder was instructed to report for work each day at 2:00 P. M. at the Chouteau avenue Yard, but each day to go to the Ewing Avenue Yard from 5:00 P. M. to 9:00 P. M. each day to perform duties of an abolished position, returning to the Chouteau Avenue Yard to tie up at 10:00 P. M.

The claims are by the occupant of Position No. 18 at Ewing, and his relief for four hours overtime for the time the new position worked at Ewing, and by the occupant of the new Position No. 58 and his relief for four hours overtime for each day when he was performing work at Ewing.

There are numerous issues advanced to support the claims. The claim that the bulletin failed to provide a specific location for work was contained in Terminal Chairman Ellison's letter dated April 7, 1958 attached to Carrier's submission as Exhibit B was not purused further after being denied by the Superintendent of Terminals. Thus the contention of an improper bulletin was settled on the property. It is to be noted that the Carrier's Birmingham Terminal (See Exhibit E Carrier's Submission) bulletins are used using similar language to that here used.

Award 5640 sustains a claim on the same property when a clerk, assigned to Lindenwood was used at Ewing Avenue. Likewise Award 26, SBA 194, sustained a claim when an employe was used elsewhere than where specifically assigned. Here the facts are clear that the bulletin provided for work at Chouteau and elsewhere as needed in St. Louis Terminal. From the first day the assignment was the same, and the four hours were put in at Ewing. Thus the Claimants did not suspend work on their assignment. They began work and ended work at the same location, Chouteau, all part of the original assignment pursuant to the bulletin which bad not been appealed.

A further claim is presented that the practice absorbed overtime at Ewing. The record does not disclose the availability of an extra or unassigned employe to perform the work. While the preceeding would presume that the work was part of the regular assignment as bulletined, the existence of overtime would depend on a showing that there was no extra or unassigned employe available. This the record does not do and the claims must be denied.

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, ai approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

AWARD