(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee ( (formerly Transportation-Communication Division, BRAC) PARTIES TO DISPUTE: (Peoria and Pekin Union Railway Company

 STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
 munication Division, BRAC, on the Peoria & Pekin Union
 Railway, T-C 5855, that:

 Claim in favor of Operator Mrs. Beverly Thompson for proper compensation for service performed o filling, first shift at "NS" Office.

 Carrier shall now compensate Claimant eight (8) hours at the time and one-half rate less the amount already paid, or a total of four additional hours.

 OPINION OF BOARD: Claimant was working as an extra operator and was assigned
 as first shift operator at Washington Street. The regularly
 assigned operator had rest days of Wednesday and Thursday. Claimant worked
 Sunday, Monday, Tuesday, Wednesday and Friday in this position and in a different
 position on Saturday. The issue is whether or not Claimant is entitled to over
 time pay for working Wednesday.

 Carrier's position is that Claimant should not receive the punitive rate for two reasons: 1) Claimant had not worked forty hours in the week prior to Wednesday; and 2) the regular incumbent, who was being used as an extra train dispatcher, had a right to return to his regular assignment (having been bumped) on one of the rest days, interrupting the continuity of Claimant's assignment and resulting in Claimant having two distinct assignments on the position in question.











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                    (h) Rest Days of Extra or Furloughed Employes.


                To the extent extra or furloughed men may be utilized under applicable agreements or practices, their days off need not be consecutive; however, if they take the assignment of a regular employe they will have as their days off the regular days off of that assignment."


                    "RULE 13 - Relief Work


                (a) Except as provided in paragraph (b) of this rule, employees shall receive the same compensat the employees they relieve,


                (b) Regular assigned employees shall not be required to perform relief work except in case of em such service they shall be compensated as follows:


                      Time and one-half of the position where relief service is performed with a minimum of eight (8) hours for each twenty-four (24) hour period but not less than the total compensation received on their regular assigned position."


          The Organization also relies on Decision No. 31 of the 40-Hour Week Committee which reads in part:


                " ....When an extra employee takes the assignment of a regular employee, he assumes the conditions of such assignment, including the work week and rest day


          The Organization argues that under Rules 4(i) and 12 (h) Claimant took the assignment of the regular incumbent and thus assumed his rest days and hence should have been paid the rest day rate - or time and one-half.


          With respect to Carrier's arguments, we do not find that the forty hour argument is relevant. Further, the position that the incumbent could have been available on one of the rest days due to being bumped, does not persuade us, since we are not dealing with a hypothetical situation. Further, a simple interpretation of the Rule would require premium compensation.


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                    Award Number 19643 Page 3

                    Docket Number TE-19683


There have been a series of Awards dealing with the precise issue we have in this case. In Award 11859, we said:

        "Rest days attach to positions filled, and since 3acop's position called for rest days of Sunday, August 25 and Monday August 26, Claimant's work on the latter date was rest day work for which premium is due. This holding accords with the 40-Hour Week Agreement and prior awards of this Board."


It would appear to be well settled that an extra employee taking the place of a regular employee will receive time and one-half for work performed on either of the rest days of the regular incumbent under provisions of Agreements such as this. Thi 14986 and 16019. We believe that our prior thinking on this subject is still appropriate.

        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 violated.


                        A W A R D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 27th day of February 1973.

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