(Mr. R. E. Parr PARTIES TO DISPUTE:

STATEMENT OF CLAIM: 1. (a) Carrier is violating the Agreement by
 refusing to designate in writing the location, times and days when Mr. R. E. Parr, a "Utility Employee", is to report for utility service, or the h available for call, within his home zone.

 (b) Carrier is violating the Agreement by requiring Mr. R. E. Parr to form utility service outside of his home zone.

 2. (a) Because of the violation the Carrier shall be required to compensate Mr. Parr his guaranteed rate of pay for eight hours per day, forty (40) hours per week, less any compensation received for work performed within h 15, 1972, and continuing thereafter until the violation is discontinued.

 (b) Because of the violation the Carrier shall be required to compensate Mr. Parr for eight (8) hours at the time and one half for each and every day he is required to work outside of his home zone commencing September 15, 1972, and continuing thereafter until the violation is discontinued.

 3. In addition to Mr. Parr, the Carrier shall be required to compensate each and every Utility Employee the above amounts who are required to perform Utility Service outside of their home zones.

 Check of Carrier records to be made to determine Claimants and amounts due.

 OPINION OF BOARD: The claim herein arose out of the application of the
 Merger Protective Agreement of September 15, 1972.
 It is clear from the record that at the time the Agreement became
 effective claimant Petitioner was working off the extra board.


It is also clear from the record that the parties to the Agreement had an understanding that an "extra" employe who was in that status on the date of the merger could continue to be used outside of his home zone to perform extra work. We agree with the Carrier that on the basis of the understanding of the parties to the Agreement, the claim before the Board is without contractual basis. It must, therefore, be denied.

 In view of our decision as outlined above, it is not necessary to pass upon other issues raised.
        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 the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
        That the Agreement was not violated.


                  A W A R D


        Claim denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 28th day of June 1974.