(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago and Illinois Midland Railway Company STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

1. a-Carrier violated the agreement on March 15, 1972 when it required a junior unavailable empl Mechanic's Position.

b-Carrier shall be required to compensate Mr. M. L. Lane, Master Mechanic, for eight (8) hours at time and nrn.-half rate of Mechanics position for March 15, 1972.

2. a-Carrier violated the Agreement when it required Mr. Stephens to suspend work as Mechanic Helper to perform vacation relief work on Mechanics position March 15, 1972.

b-Carrier shall be required to compensate Mr. Stephens for eight (8) hours pro rata rate of his regular Mechanic Helper position in addition to the amount received for March 15, 1972.

3. a-Carrier violated the Agreement on March 15, 1972 when it required Laborer Hughes to suspend
b-Carrier shall be required to compensate Mr. Hughes for eight (8) hours pro rata rate of Laborers position in addition to the amount received for March 15, 1972, and in addition, compensate the senior available employe, Mr. L. Northrup, Master Mechanic, for eight (8) hours at the time and one-half rate of Mechanic Helper's position for March 15, 1972.

OPINION OF BOARD: In their earlier stage these claims were submitted to two
Divisions of the National Railroad Adjustment Board, the
Fourth and the Third Divisions, and, in consequence, a problem of dual Juris
diction resulted. However, after consideration of Carrier's challenge to its
jurisdiction, in Fourth Division Docket 2931, the Fourth Division dismissed
the claims without prejudice. See Fourth Division Award Nos. 2867 and 2962
(Docket No. 2931). Accordingly, these claims are now properly and exclusively
vested in the Third Division for adjudication.



As in Third Division Award No. 20046, this dispute arose from the manner in which Carrier filled a vacation relief assignment. In Award No. 20046, vacation vacancies were filled in two instances, on March 6 and 13, 1972. The claims here involve only one instance, i.e., the filling of the Master Mechanic's position on March 15, 1972. We therefore note that, for what appears to be a single violation, we have in this case four different Claimants who seek a sixteen (16) hours overtime pay at three (3) different rates under the basic Agreement, a Special Agreement on Minimum Forces, and the National Vacation Agreement. We note further that all of the foregoing is advanced without any accompanying evidence, theory, or even argument, in support of the claims. In addition, the record here is in the same state of unreconciled conflict, incompleteness, and confusi for the same reasons as those stated more fully in Third Division Award No.

20046, we shall dismiss these claims without prejudice.

        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

        The claims are dismissed as per Opinion.


                      A W A R D


        Claims dismissed without prejudice.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
Executive Secretary

Dated at Chicago, Illinois, this 30th day of November 1973.