(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (Elgin, Joliet and Eastern Railway Company

1. The Carrier violated the effective Clerks' Agreement when it employed the services of outsiders having no previous employment relationship with the Carrier, and and/or perform extra work in South Chicago, Illinois, when there were bona fide employes in the service of the Carrier available to perform such work.

 2. The Carrier shall now compensate each of the following named claimants for eight (8) hours' pay at the time and one-half rate of the position specified for each of the following dates:

 Non-Bonafide
 Claimant Date Position Employe Used
 R. Jablonski 6-20-73 GT 180 J. Mackey
 A. Staat 6-20-73 GT 480 H. Grzesiak
 K. Jones 6-20-73 GT 493 M. Logan
 R. Rozek 6-21-73 GT 480 H. Grzesiak
 J. Bonner 6-21-73 GT 180 J. Mackey
 A. Staat 6-21-73 GT 493 M. Logan
 P. Young 6-21-73 GT 572 M. Logan
 M. Floyd 7-10-73 GT 480 K. Douglas
 D. Parker 7-12-73 GT 480 K Douglas
 D. Parker 7-13-73 GT 480 K. Douglas'
 J. Bonner 7-16-73 GT 180 K. Douglas
 R. Franklin 7-16-73 GT 480 J. McKfbbon
 D. Parker 7-28-73 GT 480 A. Willis
 H. Grzesiak 7-29-73 GT 480 A. Willis
 J. McKibbon 7-31-73 GT 180 A. Willis
 H. Grzesiak 7-31-73 GT 480 T. Hine
 M. Dombrowski 8-1-73 GT 180 A. Willis
 C. Daniels 8-1-73 GT 480 T. Hine
 H. Powell 8-1-73 GT 581 V. Parkhill
 H. Olson 8-1-73 GT 493 C. Miller


D. Parker 8-2-73 GT 480 T. Hiac
 H. Olson 8-2-73 GT 493 C. Miller
 H. Powell 8-2-73 GT 581 V. Parkhill
 D. Parker 8-3-73 GT 480 A. Willis
 H. Powell 8-3-73 GT 581 C. Miller
 H. Olson 8-3-73 GT 493 T. Hinc
 M. Floyd 8-3-73 GT 196_ V. Parkhill
 S. Mitchell 8-4-73 GT 196 V. Parkhill
 C. Daniels 8-6-73 GT 180 C. Miller
 H. Olson 8-6-73 GT 493 T. Hinc
 M. Cuiklinski 8-6-73 GT 196 V. Parkhill
 M. Floyd 8-7-73 GT 180 C. Miller
 R. Franklin 8-7-73 GT 480 H. Atkins
 J. Bonnar 8-7-73 GT 493 T. Hinc
 M. Dombrowski 8-7-73 GT 196 V. Parkhill
 G. Rea - 8-9-73 GT 180 V. Parkhill
 H.'Powell 8-9-73 GT 195 C. Miller
 H. Olson 8-9-73 GT 493 H. Atkins
 D. Parker 8-9-73 GT 196 T. Hinc
 D. Parker 8-10-73 GT 180 V. Parkhill
 H. Powell 8-10-73 GT 195 C. Miller
 H. Olson 8-10-73 GT 493 . H. Atkins
 H. Zack 8-10-73 GT 182 T. Hinc
 H. Olson 8-11-73 GT 493 H. Atkins
 M. Dombrowski 8-13-73 GT 194 C. Miller
 R. Jablonski 8-13-73 GT 203 T. Hinc
 J. Bonnar 8-13-73 GT 581 H. Atkins
 A. Staat 8-13-73 GT 480 R. Arnold
 H. Olson 8-13-73 GT 494 V. Parkhill
 D. Parker 8-14-73 GT 202 T. Hinc
 R. Fuller 8-14-73 GT 180 D. Chyzy
 M. Floyd 8-14-73 GT 480 R. Arnold
 H. Olson 8-14-73 GT 494 V. Parkhill
 R. Jones 8-15-73 GT 203 T. Hinc
 A. Staat 8-15-73 GT 180 D. Chyzy
 D. Parker 8-15-73 GT 480 R. Arnold
 H. Powell 8-15-73 GT 182 V. Parkhill
 A. Staat 8-16-73 GT 203 T. Hinc
 H. Powell 8-16-73 - G T 195 R. Arnold
 H. Olson 8-16-73 GT 581 H. Atkins
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                  Docket Number CL-21294


C. Miller 8-16-73 GT 182 V. Parkhill
 H. Olson 8-17-73 GT 581 H. Atkins
 H. Powell 8-17-73 GT 195 R. Arnold
 R. Franklin 8-20-73 GT 194 D. Chyzy
 A. Staat 8-20-73 GT 202 H. Atkins
 C. Daniels 8-20-73 GT 493 R. Arnold
 H. Powell 8-21-73 GT 480 P. Moore
 A. Staat 8-21-73 GT 493 R. Arnold
 H. Grzesiak 8-22-73 GT 480 P. Moore
 J. Bonnar 8-22-73 GT 194 D. Chyzy
 S. Mitchell 8-22-73 GT 493 R. Arnold
 C. Daniels 8-22-73 GT 180 H. Atkins,

 OPINION OF BOARD: On or about June 20, 1973, the Carrier inaugurated a
 program to augment its regular work forces at its facili
 ties in South Chicago, Illinois by employing the services of outsiders having
 no previous employment relationship with the Carrier.

 These employes were used to fill short vacancies and/or perform extra work primarily as yard clerks and janitors, positions allegedly requiring a minimum of trainin the statement of claim.

 On each of the-bccurrences set forth in the Statement of Claim, Petitioner alleges there were bona fide employes, having seniority with the Carrier, available to perform the work performed by these outsiders. However, according to Petitioner, such bona fide employes were not requested to do so by Carrier.

 The employee' position in this dispute is, simply stated, that the Carrier does not have a right under the terms of the collective bargaining Agreement to employ the services of outsiders having no previous employment relationship and without "antecedent clerical seniority" to perform extra work, and/or fill short vacancies, when in fact, there are employes possessing seniority and all other rights under the Agreement available and willing to perform such work.

        The applicable rules of the Agreement are as follows:


        "RULE 1 - SCOPE AND WORK OF EMPLOYES AFFECTED


        "(A) These rules shall govern the hours of service and working conditions of all employes engaged in the work of the craft or class of clerical, office, station and storehouse employes. Positions or work coming wi

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            Docket Number CL-21294


"of this agreement belong to the employes covered thereby and nothing in this agreement shall be construed to permit the removal of positions or work from the application of these rules, nor shall any officer or employe not covered by this agreement be permitted to perform any clerical, office, station or storehouse work which is not incident to his regular duties.

 "(B) Whenever any mechanical device used for handling, duplicating, recording, transcribing, written, typed, printed, graphic or vocal communications, reports or records, or any combination of these, within the same or between different cities, is utilized for the accomplishment of work heretofore performed by employes subject to the scope of this Agreement, such mechanical devices shall be. operated by employes covered by this agreement.

 "RULE 3 - SENIORITY

 Seniority begins at the time an employe's pay starts on any position within the scope of this agreement.

 "RULE 7 - EXERCISE OF SENIORITY

 "The exercise of seniority in all instances is subject to the provisions of Rules 8 and 16.

 "RULE 8 - PROMOTION, ASSIGNMENTS AND DISPLACEMENTS

 "Employes covered by these rules shall be in line for promotion. Promotion, assignments and displace based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail.

 NOTE: The word 'sufficient' is intended to more clearly
 establish the right of a senior employe to bid
 in a new position or vacancy where two or more
 employes have adequate fitness and ability. An
 employe shall be considered as having adequate fitness
 and ability when he has reasonable fitness and ability to
 to perform the duties of a position under proper super
 vision and direction, and need not have immediate fitness
 and ability resulting from actual past experience in perform
 ing the work incident to a particular position.
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"RULE 10 - TEMPORARY ASSIGNMENT

 "Bulletined positions may be filled temporarily pending an assignment and in the event no applications are received from employes in the seniority district where the new position or vacancy occurs, the position may be filled by appointment except as otherwise provided in Rule 19.

 "RULE 11 - SHORT VACANCIES

 "(a) Vacancies of less than twenty-five (25) calendar days duration shall be considered short vacancies and may be filled without bulletining. When there is reasonable evidence that such vacancies will extend beyond the twenty-five (25) calendar day limit, they shall be promptly bulletined, showing probable or expected duration.

 "(b) Employes shall be selected to,fill positions pending assignment by bulletin and all short vacancies in accordance with Rules 8 and 19.

 "RULE 19 - REDUCING AND INCREASING FORCE

 "(a) When forces are reduced, seniority rights shall govern. A proposed reduction in force (or abolishment of positions) shall be bulletined at least five (5) working days in advance of the date the reduction (or abolishment) is to be effective and employes affected by the reduction (or abolishment) shall be paid up to the end of that period. Employes whose positions are abolished may exercise their seniority over junior employes and such junior employes, upon being displaced, may exercise their seniority rights in the same manner. Any employe whose position is abolished or who is displaced, whose seniority entitled him to a regular position, shall exercise such seniority rights within seven (7) calendar d to a regular position, shall not be permitted to perform any work during the seven (7) day period available to him for exercise of his displacement rights, unless he elects to forego displacement upon a regular position and accept the status of a furloughed employe. A list of employes furloughed under this rule shall be supplied by the management to the Local and General Chairmen.
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                Docket Number CL-21294


      "(f) Employes desiring to protect their seniority rights and to avail themselves of this rule must keep their current names and addresses on file, both with the proper officer (the officer authorized to bulletin and award positions). and the Local Chairman, and advice of any change in addresses, except in cases of personal illness or other unavoidable causes. The official and Local Chairman shall sign and return to the employe as a receipt one copy of the changes in address so filed.


      "(g) When forces are increased or vacancies occur, furloughed employes shall be returned to service in the order of their seniority rights. Such employes, when available shall be called in seniority order for all extra work, short vacancies or vacancies occasioned by the filling of positions pending assignment by bulletining which are not filled by employes' voluntary rearrangement of regular forces. When a bulletined new position or vacancy is not filled by an employe in service senior to a furloughed employe who has protected his seniority as provided in this rile, the senior furloughed employe shall be called and assigned to the position. Furloughed employes failing to return to service within seven (7) calendar days after being notified (by certified or registered mail, return receipt requested, sent to the address last given) or give satisfactory reason for not doing so will be considered as out of the service.


          NOTE: Employes voluntary rearrangement of forces shall be confined to regular positions with identical starting times in a specific office or yard at one location, and in such a voluntary rearrangement only those employes reporting that day for work on their assig


      "(h) Furloughed employes desiring to waive their right to return to service on positions or vacancies of less than twenty-five (25) calendar days duration may do so by filing writtin notice with the proper officer as defined above and the Local Chairman; such notice may be cancelled or terminated in the same manner.


      "RULE 70 - DATE EFFECTIVE AND CHANGES


      "This agreement including Supplements No. 1 through No. 18, shall be effective January 1, 1974, superseding all other

' rules, agreements and understandings in conflict. herewith;
      and shall continue in effect until changed as provided

      herein or in accordance with the Railway Labor Act, as amended.

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                  Docket-Number CL-21294


        "Should either of the parties to this agreement desire to revise or modify these rules, thirty (30) days' written advance notice containing the proposed changes shall be given and conference shall be held immediately on the expiration of such notice unless another date


The Board finds that it must cut the GORDIAN knot inextricably tied by both parties in raising a myriad of allegations pertaining to such crucial issues as seniority, call-in procedures, training, and vacation relief. As if this were not enough, the parties have persisted in clouding the above issues with phraseology such'as, "antecedent seniority," "bona fide employe," "last ditch effort," and "training for 'ultimate' vacancies."

 Certainly one of the purposes of seniority rules is to preserve the right to perform the work first for those who have established seniority. Rule 19 as well as the Calling Procedures Understanding do not authorize work to be done by one without established seniority when there are those with established seniority available and willing to do the work.

 After separating the wheat from the chaff, the instant case boils down to whether or not Claimants were available and williae to do the work in question.

 A careful review of the entire record, as well as the arguments of the parties, indicates that Petitioner has not introduced evidence of substantial probative value to call Claimants before assigning "trainees." Carrier's records indicate that on some of the dates in question, Claimants either refused the work, were not home, or did not have a phone number where they could be properly contacted. On other dates, the trainees were being trained or "broken in" under the supervision of regular employes, and not taking away work to which regular employes were entitled.

 Under the totality of circumstances in the instant case, the Board has no choice but to dismiss the claim.

        r1LYDINGS: 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;
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                  Docket Number CL-21294


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                      A W A R D


        .Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: ~~
 xecutive Secretary

 Dated at Chicago, Illinois, this 28th day of -January 1977.

 . Ft9 23 197'
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 J J. BERG