NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(SUPPLEMENTAL)

Jan Eric Cartwright, Referee

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION

EMPLOYES

(1) The Carrier violated the Clerks' Agreement, particularly Rules 1, 14 and 25, when it used an employe covered by another craft agreement to fill a temporary vacancy of Mail Handler, Job No. 1068, at St. Joseph, Missouri on October 3, 1966.

(2) The Carrier shall be required to compensate Mr. John Salcedo, Extra Clerk St. Joseph, Missouri, a day's pay at the rate of Mail Handler, Job No, 1068, ($20.72), for October 3, 1966 account working a person from outside the craft, without established seniority nor acquiring seniority rights under the Agreement, and failed and refused to permit the Claimant to work the position.

Relief Clerk No. 2 assignment of five (5) days per week are as follows:

.Job No. 1058, Mail Handler, Sunday-Monday, 10:00 A.M. to 1:00 P.M. and 3:00 P.M. to 8:00 P.M.

Job No. 1361, Janitor-Mail Handler, Tuesday-Wednesday, 10:00 A.M. to 3:00 P.M. and 5:00 P.M. to 8:00 P.M.

Job No. 1360, Mail Handler, Thursday, 12 Midnight to 8:00 A.M.

G. R. Wilson, regular occupant of Mail Handler Job No. 1058, who was at home on his rest day.

Mr. Duncan holds a seniority date of September 28, 1960 on the St. Joseph Zone of the Ottumwa Division as a crossing flagman. His position as crossing flagman was abolished on March 23, 1966. (See Carrier's Exhibit No. 2) Since that time, Mr. Duncan has been used to protect crossing flagman, janitor and section laborer vacancies on a temporary basis as these vacancies occurred through vacations, sickness or other reasons.

On May 15, 1967, Mr. Duncan resumed work as a full-time section laborer following lay off. (See Carrier's Exhibit No. 3) On this date, he was rehired to fill an authorized section laborer position. Heretofore, he was used as an extra temporary section laborer. He was officially in a laidoff status from March 23, 1966 to May 15, 1967. He could have accepted employment elsewhere during this period of time. Instead, he chose to keep himself available to be used as a temporary extra section laborer, crossing flagman clerk, janitor, or anything else the Carrier felt he might be qualified to do.

(Exhibits not reproduced.)

OPINION OF BOARD: The evidence presented in this claim contains conflicting contentions and is insufficient as to material facts. In view thereof the Board must dismiss the claim.

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 respec tively 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

Claim must be dismissed for lack of proof.

AWARD

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTESTS. H. Schulty

Executive Secretary