(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (The Denver and Rio Grande Western Railroad Company

1. Carrier violated rules of the current Clerks' Agreement when it called Karen S. Andreason to work as 6th General Clerk on Sunday, June 20, 1971. Karen Andreason worked 5 days during this week and was released to the Extra Board on June 19, 1971 after having worked 40 hours this work week.

 2. Carrier shall now be required to pay the Claimant, John G. Barron, 8-hours at time and one-half for this assignment account this violation.

 OPINION OF BOARD: A vacation vacancy was created when the regular incumbent
 of the 6th General Relief Clerk position, Mr. Butterfield,
 took his vacation from June 1 through June 12, 1971. Miss Andreason, an
 extra employe, protected the vacancy. At the end of his vacation, Mr. Butter
 field advised Carrier that he was laying off until he reported for work, which
 he did on June 23. Miss Andreason was instructed to work the position until
 the regular occupant returned. Therefore, for the period June 1 through June
 22, 1971, Miss Andreason was properly assigned from her extra status to fulfill
 the duties and responsibilities of the position in the absence of the regular
 incumbent thereof.

 On June 20, a rest day of the position she was occupying, the relief clerk laid off account illness; Miss Andreason was called to work the position on that day, clearly in accordance with the provisions of Rule 37(g), i.e.:







                  "Third: If an employe is not available under Item first or second above, when vacancy occurs on a regular position and it is the regularly assigned employe's rest day, he will be used,"


      Carrier applied item Third in its assignment of Miss Andreason to protect the rest day work, inasmuch as, for all intents and purposes, she was the regular incumbent of the position.


            Petitioner asserts that Item Fourth is applicable, reading:


                  "Fourth: In all other. cases, when it is necessary to fill a position on an overtime basis, overtime will be distributed as far as possible to employes ordinaril

                  performing class of work for which overtime is _

                  necessary,"


      "In all other cases" means if Items First, Second or Third cannot be applied in a given instance. In this case, we have determined that Item Third was applicable and, accordingly, we will deny 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 Carrier did not violate the Agreement.


                          A W A R D


            Claim denied.


                                  NATIONAL RAILROAD ADJUSTMENT BOARD

                                  By Order of Third Division


      ATTEST: GG JAI- ~~(,~,~

      Executive Secretary


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


I