NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19356

THIRD DIVISION Docket Number CL-19472

Joseph E. Cole, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (The Western Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6977) that:

1. The Carrier violated the rules of the Agreement extant between the parties when it used a junior employe, Mr-H. H. Singh,_to work an unassigned day in place of Mr. regularly assigned to perform the work required.

2. Mr. J. M. Reed shall be compensated for eight hours pay at. the overtime rate for .January 10, 17, 24, 31, February 7; 14, 21, a total of fiftysix (56) hours.

OPINION OF BOARD: 1. Rule 24 (h) of the agreement states: "Work cn Un
assigned Days -- Where work is required by the Carrier to
be performed on a clay which is not a part of any assigiuaent, it may be pcrF<n-me,l
by an avaii.able furloughed employee who will otherwise not have 40 hours o.-'-wor?:
that week; in all other cases by the regular employe."

2. It appears from the record that H. H. Singh was doing the same work that he did on his regular days on the days in question.

3. H. H. Singh was the regular employee.

FINDINGS: The Third Division of the Adjustment Board, upon the whole rEc~r3 .~J~3

aral -.thxry~evidence, finds and holds:

r ' -,'ftjp·94 rties waived oral hearing;

`·, at the'Carrier and the Employers involved in this dispute are respectively ftrxier and Employes within the meaning of the Railway Labo1 Act, as approved June- 21, 1934;

Award Number 19356 Page 2

Docket Number CL-19472

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

That the Agreement has not been violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 28th day of July 1972.