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

1. The Carrier violated the rules of the Agreement extant between the parties when it failed to establish a regular position at Fremont, California and in lieu thereo work.

 Mr. C. F. House shall be allowed one day's pay for each day in excess of thirty days that Carrier used a furlough clerk in performance of the work.

 OPINION OF BOARD: The position of Rate & Bill Clerk in Carrier's freight of
 fice, Fremont, California, was reclassified to Car & De
 murrage Clerk on May 12, 1971 and, as a result, Mrs. Connie Gordon, the former
 Rate & Bill Clerk, was reduced to furloughed status. Mrs. Gordon continued to
 work in the Fremont office after May 12, and Petitioner says she worked a va
 cancy which, after the first 30 days, should have been bulletined under Rule
 21 of the Agreement. Carrier says Mrs. Gordon worked short vacancies and per
 formed extra work which, in view of her furloughed status, was proper under
 Rule 40.





When challenged on the property for vagueness, and for failure to provide the dates and position wor only through a joint check of Carrier's records. A joint check was not made; however, in support of its denial that a vacancy existed, Carrier's submission


includes an exhibit containing copies of the Fremont station payroll for May, June, and the first half of July 1971.

 We think the claim was not too vague and that it must be considered on the entire record before us. It is clear that Rule 30 required a bulletin if a vacancy existed for 30 days, so, we must determine the fact issue of whether such a vacancy existed. The only material in the record relevant to this issue is the payroll records which, though submitted by Carrier, must be allowed to shed whatever light they can on the positions of both parties. These records show that, concurrent with her change from a regularly assigned position to furloughed statu from $33.11 to $32.53; she worked at this latter rate ($32.53) from May 13 through June 24; for June 25, her rate of pay was $31.64; from her next work day of June 28 through July 14, her rate was $32.53 - the same as in the May 13 - June 24 period; she did not receive pay for May 18, but, of the ten employees on duty at Fremont, only the Agent received pay for this day; and she did not work on, but received holiday pay for, May 31 and July 5.

 The payroll records thus evidence that Mrs. Gordon worked at the same pay rate ($32.53) over a period of 43 calendar days. (May 13-June 24). This pattern was broken by a different pay rate on June 25, after which she again worked at the same rate ($32.53) for another period of 19 calendar days. (Jui.26-July 14). From thes have been bulletined at the end of 30 calendar days in the 43 calendar day peri that is, on June 12, 1971. The vacancy existed for only 13 calendar days, however, as the different date. From June 26 onward, the payroll records cover only 19 calendar days and therefore fail to show that, after June 26, a vacancy existed for 30 days.

 In view of the foregoing we shall sustain the claim in part and dismiss it in part. We shall sus if any, between the rate of claimant's assigned position and the $32.53 rate applicable to the vacancy worked by Mrs. Gordon during the 13 calendar days from June 12 through and including June 24, 1971. Awards 4075 (Carter) and 13652 (Englestein). In all other respects, the claim is dismissed.

        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;

 ,. i
                    Award Number 19912 Page 3

                    Docket Number CL-20018


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

        The Agreement was violated.


                      A W A R D


Claim sustained to the extent indicated in the Opinion. Otherwise, the claim is dismissed.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:.. .
 Executive Secretary

 Dated at Chicago, Illinois, this 7th day of September 1973.
              NATIONAL RAILROAD ADJUSTMENT BOARD

              Award Number 19912

              THIRD DIVISION Docket Number CL-20018


              Frederick R. Blackwell, 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-7176) that:


1. The Carrier violated the rules of the Agreement extant between the parties when it failed to establish a regular position at Fremont, California and in lieu thereo work.

 Mr. C. F. House shall be allowed one day's pay for each day in excess of thirty days that Carrier used a furlough clerk in performance of the work.

 OPINION OF BOARD: The position of Rate & Bill Clerk in Carrier's freight of
 fice, Fremont, California, was reclassified to Car & De
 murrage Clerk on May 12, 1971 and, as a result, Mrs. Connie Gordon, the former
 Rate & Bill Clerk, was reduced to furloughed status. Mrs. Gordon continued to
 work in the Fremont office after May 12, and Petitioner says she worked a va
 cancy which, after the first 30 days, should have been bulletined under Rule
 21 of the Agreement. Carrier says Mrs. Gordon worked short vacancies and per
 formed extra work which, in view of her furloughed status, was proper under
 Rule 40.

        As initially submitted on the property the claim asserted that:


        "*** Mrs. C. Y. Gordon has been working at Fremont for a period well in excess of sixty days as a 'furloughed clerkT. She is performing regularly assigned duties and enjoys regularly assigned hours, meal periods, rates of pay and rest days on a consistent five-day week basis.


        The Carrier's failure and refusal to properly bulletin and assign clerical positions of more than thirty days duration can only be construed as an overt and deliberate violation of the terms of the currently effective Clerks' Agreement ...and a serious violation of the seniority rights of other clerical employes."


When challenged on the property for vagueness, and for failure to provide the dates and position wor only through a joint check of Carrier's records. A joint check was not made; however, in support of its denial that a vacancy existed, Carrier's submission
                    Award Number 19912 Page 2

                    Docket Number CL-20018


includes an exhibit containing copies of the Fremont station payroll for May, June, and the first half of July 1971.

 We think the claim was not too vague and that it must be considered on the entire record before us. It is clear that Rule 30 required a bulletin if a vacancy existed for 30 days, so, we must determine the fact issue of whether such a vacancy existed. The only material in the record relevant to this issue is the payroll records which, though submitted by Carrier, must be allowed to shed whatever light they can on the positions of both parties. These records show that, concurrent with her change from a regularly assigned position to furloughed statu from $33.11 to $32.53; she worked at this latter rate ($32.53) from may 13 through June 24; for June 25, her rate of pay was $31.64; from her next work day of June 28 through July 14, her rate was $32.53 - the same as in the May 13 - June 24 period; she did not receive pay for May 18, but, of the ten employees on duty at Fremont, only the Agent received pay for this day; and she did not work on, but received holiday pay for, May 31 and July 5.

 The payroll records thus evidence that Mrs. Gordon worked at the same pay rate ($32.53) over a period of 43 calendar days. (May 13-June 24). This pattern was broken by a different pay rate on June 25, after which she again worked at the same rate ($32.53) for another period of 19 calendar days. (Ju,.26-July 14). From thes have been bulletined at the end of 30 calendar days in the 43 calendar day peri that is, on June 12, 1971. The vacancy existed for only 13 calendar days, however, as the different date. From June 26 onward, the payroll records cover only 19 calendar days and therefore fail to show that, after June 26, a vacancy existed for 30 days.

 In view of the foregoing we shall sustain the claim in part and dismiss it in part. We shall sus if any, between the rate of claimant's assigned position and the $32.53 rate applicable to the vacancy worked by Mrs. Gordon during the 13 calendar days from June 12 through and including June 24, 1971. Awards 4075 (Carter) and 13652 (Englestein). In all other respects, the claim is dismissed.

        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;
                    Award Number 19912 Page 3

                    Docket Number CL-20018


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

        The Agreement was violated.


                      A W A R D


Claim sustained to the extent indicated in the Opinion. Otherwise, the claim is dismissed.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST;
        Executive Secretary


Dated at Chicago, Illinois, this 7th day of September 1973.