(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO: DISPUTE: (Norfolk and Western Railway Company

1. Carrier violated the Agreement between the parties when they arbitrarily reduced the work week of D. W. Garman by denying him work on October 26 and 27, 1973.

OPINION OF BOARD: Claimant was regularly assigned to Position No. 363 with
 rest days of Sunday and Monday. On October 25, 1973, he
 was advised that he was the successful bidder on a janitor position with Sat
 urday and Sunday designated as rest days. Claimant states that he was ordered
 not to report to Position 363 on October 26 and 27; but to report to his new
 position on October 29. As a result, Claimant lost pay for two days and he
 submits this claim asserting a violation of Rule 42:



On the property, Carrier conceded the basic facts alleged by the employe, but stated that when he was advised that he was the successful applicant for the new positi him and it was advertised as a vacancy, and thus, he could not work it on the two claim dates.

                  Docket Number CL-21190

                  RULE 12 - BULLETINING NEW

                  POSITIONS OR VACANCIES


        (a) Except as otherwise provided in this rule, all new positions and vacancies (except those of thirty calendar days or less duration) will be promptly bulletined for a period of five working days in the seniority district affected as specified in Rule 2, bulletin to show positi hours, meal period, days, assigned rest days, rate of pay and primary duties.


        Employes desiring such new positions or vacancies will file their written application with the official designated on the bulletin and furnish a copy of the application to the Local Chairman within the specified time and assignment will be made within five working days thereafter. The name of the successful applicant will immediately thereafter be posted where the new position or vacancy is bulletined. An employe awarded a bulletined position will be transferred to such assignment within five working days after issuance of assignment bulletin or paid the rate of the po

        'position awarded whichever is the greater. (The five-day bulletin period may be changed when ag


        NOTE: When necessary for an employe to mail copy of application to the Local Chairman, it shall be sent U.S. Mail.


and asserts that compliance with the cited rule caused the result which led to this claim. Moreover, Carrier notes that it also complied with rule 11 concerning Position 363:

        "When an employe bids for and is awarded a bulletined position, his former position will be bull in accordance with the rules of this agreement."


and it asserts that during the advertising period, Position 363 was filled by extra employes.

 Carrier also notes that the reason Claimant could not commence the new assignment on October 26, 1973 was due to the fact that he worked his old position from 11:45 p.m. on October 25th through 7:45 a.m. on October 26; whereas the shift starting time for the new position was 6:00 a.m. on the 26th.

 Certainly, we agree with the number of Awards cited by Carrier which preclude this Board from re-writing the rules of Agreements, or injecting our "predilictions as to what is fair, just and equitable." But, a sustaining Award here does violence to none of the Awards cited by Carrier.
                  Award Number 21235 Page 3

                  Docket Number CL-21190


Surely, it is necessary to consider all rules when an action is taken, and when that action is under review and scrutiny by this Board. Basically, Rule 42 does not permit a reduction of days for regularly assigned employes and/or positions below five per week. In order to permit the results herein, we require a clear showing that some other provision of the Agreement dictates such result, and we are unable to find such a showing. On the property, there was reference In short, we find nothing to suggest that Carrier could not have complied with the Agreement requirements concerning the filling of Position 363 in ,an orderly fashion, and at the same time, permit Claimant to,continue working in such a manner so as to avoid the loss of two days' pay. We do not feel that said result rewrites the Agreement in any manner, but rather, it gives effect to the Agreement considered as a whole.

 Although the issues are not precisely the same, we feel that the results herein are consistent with Award 19622. We do not view Award 17550 as being pertinent to this case.

        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 Agreement was violated.


                      A W A R 'D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST:~· Executive Secretary


        Dated at Chicago, Illinois, this 14th day of September 1976.