(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Central Railroad Company of New Jersey ( (R. D. Timpany, Trustee)

(A) Carrier violated the provisions of the Agreement, particular reference to Rule No. 1 (g), No. 7 (a), effective December 15, 1952 also Supplements to the Agreemen Extra List Agreement, Allentown-Bethlehem area, effective April 6, 1970, particular reference to Par properly cover the position of Crew Clerk, 3:00 P.M. to 11:00 P.M., Friday, January 1, 1971, allowing same to be blanked and failing to properly cover Crew Dispatcher position, 11:00 P.M. to 7:00 A.M., Friday January 1, 1971.

 (b) Carrier now be required to properly compensate claimant Kenneth A. Searfoss, regularly assigned to position of Crew Clerk, 3:00 P. M. to 11:00 P.M., assigned to position in accordance with the Bulletin Rule, additional twelve (12) hours, rate of position - $32.09, not called to cover his position on date of violation Clerks' Agreement.

 (c) Carrier also be required to properly compensate claimant Kenneth
 A. Searfoss, additional twelve (12) hours, rate of position - $32.09 per day,
 for being deprived the right to cover the temporary vacancy as Crew Clerk,
 11: P.M. to 7:00 A.M., Friday, January i, 1971.

 OPINION OF BOARD: Claimant was regularly assigned to a five-day position
 of Crew Clerk A-9, second trick (3-11 P.M.). His rest
 days were Thursday and Friday on which days the position was regularly assigned
 to the occupant of Relief Cycle A-34-AY. On the claim date -- Friday, January
 1, 1971, a Holiday -- the Relief position stood vacant and was up for bids.



                          Docket Number CL-19771


                I was at home all day on date in question and received no phone calls to cover my own job and no prior arrangements to cover job made by any one to have job covered on Holiday.


                The schedule that was put out by Mr. Dougherty's office in regards to the Holiday listed the Crew Clerk jobs as working.


                I therefore claim one penalty for not being called for my own assignment which was scheduled and also enclose a penalty day for denied the right to double on this date, for if I had been called for my own assignment, it would have put me in the wheel on the preceding trick and would have entitled me to the double. Instead Clerk G. Finn was used to cover the 11 PM Crew Clerk position.


                As it was, Mr. Flanley covered my job and called Brakeman R. Rau for the 11 PM Yardmaster position and Clerk G. Finn for the 11 PM Crew Clerk position, which is clerical work and not supervisory personnel working, making it a Agreement.


        This is the claim processed on the property and is the only claim properly before us.


        Carrier avers that it blanked the Relief Cycle position on the Holiday. Carrier had the right to on the Holiday the right to the work was contractually vested in an employe covered by the Clerks' Agreement to be identified and selected as prescribed in Rules No. 7 (b) and for 19 (i).


        Carrier does not deny that work of Relief Cycle position A-34-AY was performed on the Holiday by "Mr. E. Flanley," an employe not covered by the Clerks' Agreement. By application and interpretation of the afore cited Rules we find that Claimant stood to be called to perform the work of the Relief Cycle position on the claim date.


          Carrier's proffered defense to not having called Claimant was its presumption that Claimant would have refused the assignment since he had refused nine offered as 31, 1970. Carrier's contractual obligation to call Claimant was not subject to avoidance or evasion on the predicate of Carrier's assumption. We, therefore, will sustain the cl January 1, 1971.


          The posture of the evidence of record makes it impossible for this Board to pass upon the merits of the claim as it relates to the "11 P.M. Crew Clerk position." We cannot speculate. Consequently, we are compelled to dis miss that portion of the claim for lack of proof.


s
 `rte: l
                Award Humber 19954 Page 3

                Docket Number CL-19771


        FINDIMS: 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 Employee 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 Carrier violated the Agreement to the extent prescribed in the Opinion, supra.
                      A W A B D


Claim sustained in part and dismissed in part as prescribed in the Opinion, supra.
                            NATIONAL RAILROAD ADJUSTMENT B00.RD

        ~ By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 28th day of September 1973.

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