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

(1) Carrier violated the Agreements between the parties when it refused or failed to permit E. W =9, 1971, which was a regular work day and his birthday,

 (2) Carrier shall now be required to compensate E. W. Jarvis for eight iiokirs' pay at the overtime rate of pay of the Chief Clerk Position at Joplin, :lissouri, for April 29, 1971, in addition to compensation already received.

 OPINION OF BOARD: The issue here is whether Claimant's regular position was
 blanked on his birthday which fell on a day which was part
 ,~i his regularly assigned work week. If the position was blanked, his claim
 -dill be denied; if not, he is entitled to a sustaining award.

 Claimant was regularly assigned to the Chief Clerk Position, Joplin, ..issouri, 3:00 a.m. to 5:00 p.m., exclusive of one hour for lunch, with rest days if Saturday and Sunday. On Thursday, April 29, 1971, which was his birthday holi':av, Claimant was g =ate. ')n the same day the Carrier established for one day an extra position, -:-9 a.m. to 4:59 p.m., exclusive of one hour for lunch, which was worked by an employee assigned to the Rotating Extra Board at Joplin. The extra position was snown on the payroll as "General Clerk" and the extra Board employee who worked it was paid the Chief Clerk rate, which is the highest clerical rate at Joplin.

 In urging that the Claimant's position was not blanked, the Petitioner notes that the extra position was established for only one day; that such position was worked at the Chief Clerk's rate of pay; that the extra board employee performed the duties assi handling of notifications, switch lists, `1I CS reports and other work; and that the extra position differed from Claimant's hours by only one minute. For its part, the Carrier says the Claimant's position was blanked in accordance with wellestablished practi
..


had been no showing that such duties were exclusively assigned to Claimant; that the primary duty of the Chief Clerk position, supervising the Joplin office, was performed on the claim date by the Trainmaster-General Agent; that, if the rate of Chief Clerk was paid the extra employee, this was an error which could be corrected; and that other clerical positions worked on the claim date also differed from the Claimant's hours by only one minute.

 In studying this record we have carefully considered the Carrier's contentions and evidence, especially the extra employee's non-performance of supervisory duties. On the whole record, however, we are more impressed with Petitioner's evidence, especially the one day duration of the General Clerk position, the Carrier's admission that the extra employee performed some of the duties of Claimant's position, and the payment of the Chief Clerk rate for the day's work. Consequently, we find that a preponderance of the evidence shows that Claimant's position was not in fact blanked on the claim date, but instead, was worked by the extra board employee. We shall sustain 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 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 44:4. 2cce&6~ By Order of Third Division


ATTEST:
 Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1973.