NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19344

THIRD DIVISION Docket Number CL-19276

Gene T. Ritter, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6973) that:

(1) Carrier violated the Agreement between the parties on December 8, 1969 at Kansas City, Missouri when Mr. C. R. Leonard, regularly assigned occupant of Relief Clerical Position No. 5 at that point, was not called in line with Agreement rules for overtime work on the claim date.

(2) Mr. C. R. Leonard now be allowed eight hours pay at the time and one-half rate of Waybill Typist Position No. 36 for December 8, 1969.

OPINION OF BOARD: The recoi.d shows that the regularly assigned occupant of way
bill typist position No. 36, with assigned hours of 1:00 P.M.
to 9:00 P.M. laid off on December 8 and 9, 1969. An extra clerk was scheduled to
work the vacancy, but failed to report. An effort was made to contact the Claim
ant but without success. Other arrangements were then made.

From our review of the record, we find that the evidence submitted and the rules cited do not warrant a sustaining award in this particular case. The claim will, therefore, 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, as 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.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD 4141 By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 14th day of July 1972.