This conclusion is fully substantiated by facts and evidence hereinbefore presented, Awards cited and exhibits attached.

Claim is without merit and only a denied award can follow.

(Exhibits not reproduced).

OPINION OF BOARD: As of August 6, 1961, the date of the incident on which the instant claim is based, Claimant Weigand was regularly assigned as Crew Dispatcher 8:00 A. M. to 4:00 P. M., Monday through Friday, rest days Saturday and Sunday, rate $19.688 per day. There was also a Crew Dispatcher assignment at the same point working 4:00 P. M. to midnight Wednesday through Sunday, rest days Monday and Tuesday, rate $19.052 per day; both assignments being filled on rest days by a regularly-assigned relief man.

On August 6 (Sunday-one of the Claimant's rest days), the regularlyassigned second-trick crew dispatcher was unable to protect his job. As no extra or furloughed employe was available who had not worked forty hours during the week, Claimant was called, in line with the Memorandum of Understanding hereinafter quoted, and worked the vacancy. He was paid for this tour of duty time and one-half on the basis of the $19.052 rate ($28.58). Claim that Crew Dispatcher Weigand should have been paid time and one-half on the basis of his 8:00 A. M. 4:00 P. M. Monday through Friday assignment ($29.53) was progressed on the property and denied at the various supervisory levels in accordance with current schedule rules.

Rule 25 provides:

"RULE 25

"PRESERVATION OF RATES

"Employes temporarily or permanently assigned to higher rated positions shall receive the higher rate while occupying such positions; employes temporarily assigned to lower rated positions shall not have their rates reduced.

"A 'temporary assignment' contemplates the fulfillment of the duties and responsibilities of the position during the time occupied, whether the regular occupant of the position is absent or whether the temporary assignee does the work irrespective of the presence of the regular employe. Assisting a higher rated employe due to a temporary increase in the volume of work does not constitute a temporary assignment."

This type of claim has been considered by this Board before. In Awards 3413, 4469, 5924 and 9106 the claim was sustained and we agree with these awards. Rule 25 is clear.

The Carrier contends the Memorandum of Understanding of March 21, 1955, is pertinent but we do not find that the Memorandum of Understanding established rates of pay. The Memorandum is as follows:

"In the event a regularly assigned relief employe, cannot, for some reason or other, relieve on a clerical position included in his regular relief assignment on a day he is assigned to do so, the service on that day shall be protected as follows with preference in the order shown:

"(a) by a qualified available extra or furloughed employs who has not had forty (40) hours of work in his work week;

"(b) by the employe assigned to the position being relieved, if available;

"(c) by the senior qualified available employe on the seniority roster at the point of the vacancy desiring the work. At large terminals employes desiring such work will be required to file their name, address and telephone number with the Agent indicating the location or locations at which they will accept short vacancy work.

"In the event a regularly assigned clerical employe is unable, for some reason or other, to report for duty on one of his regularly assigned working days, the service on that day shall be protected as follows with preference in the order shown:

"(a) by a qualified available extra or furloughed employs who has not had forty (40) hours of work in his work week;

"(b) by the senior qualified available employe on the seniority roster at the point of the vacancy desiring the work. At large terminals employes desiring such work will be required to file their name, address and telephone number with the Agent indicating the location or locations at which they will accept short vacancy work."

The Carrier claims that one who volunteers under the Memorandum of Understanding takes subject to the pay of the job for which he volunteered. Awards 2670, 2672, 12646 and others support the Carrier. We do not find any merit to the "volunteer" theory. Such a theory is contrary to the existence and philosophy of a collective bargaining agreement. If the terms of a collective bargaining agreement specify the rate of pay neither the employe or the Carrier nor both can avoid the collective bargaining agreement by the Carrier offering to accept volunteers who shall be paid in conflict with the agreement.

To volunteer is to offer. The assignment creates the employer-employs relationship. The contract creates the right to compensation and the rate of compensation. The compensation accrues when an employe is assigned or is. entitled to be assigned.

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 Agreement has been violated.

AWARD