(Brotherhood of Railway, Airline and Steamship
 ( Clerks, Freight Handlers, Express and Station
 ( Employes
 PARTIES TO DISPUTE:
 (Houston Belt & Terminal Railway Company - .

1. The Carrier violated the Clerks' Agreement by failing and refusing to fill the position of Route Clerk 409 as prescribed in Rule 24 of the Clerks' Agreement.

 2. That Mr. C. J. Butaud be compensated for eight (8) hours at punitive rate of Route Clerk, or $63.90 each day, December 28 and 2% 1974.

 OPINION OF BOARD: Claimant is regularly assigned to Route Clerk Position
 403, with assigned hours 7:00 A.M. to 3:00 P.M., and rest days of Friday and Saturday.

 A one Mr. C. E. Phillips is regularly assigned to Route Clerk Position 409, with assigned hours 11:00 P.M. to 7:00 A.M., and rest days of Monday and Tuesday.

 On Saturday and Sunday, December 28 and 29, 1974, Petitioner alleges that Mr. Phillips was off due to personal reasons, and was not compensated in any manner for those two days.

 Since there were no qualified extra board employes available to work the temporary vacancy at the pro rata rate, Petitioner alleges that Claimant, being the senior available qualified employe to fill the vacancy, should have been called. Carrier did not call Claimant, but, instead, blanked the position on the two days involved.

 Claim was filed and handled in accordance with the vrocedural requirements of the current Agreement between the parties, up to and including the highest officer designated for that purpose, discussed extensively in conference, and upon final denial is properly before the Board for adjudication.

 The parties have cited the following rules of the Agreement as being relevant to the instant case:



(a) All new positions and vacancies will be b·.slletined within three (3) days after being created or becoming vacant. The bulletin will be posted on bulletin boards in each office and will show location, title and description of the duties, assigned hours, days, meal period and rate of pay.

 (b) Employes desiring such positions will file their applications with the official designated on the bulletin and Local Chairman within five (5) days from date of bulletin, and senior applicant will be assigned within three (3) days thereafter. Assignment will be posted in the same manner and places as the original bulletin. If an employe is absent, by proper authority, during the time a position or vacancy is under bulletin, he may, if a jnzior employe is assigned, exercise seniority rights to such position or vacancy within three (3) days after return.

 (c) Employes awarded bulletined positions will be transferred to such assignment within five (5) days after issuance of assignment bulletin. Employe not transferred within the five (5) day period will be paid the rate of the position awarded and in addition thereto will be allowed $3.60 per day for each day held off the~assignment beyond the five (5) day period. Employes not transferred will continue to observe conditions of assignment they occupy.

 (d) Bulletins will be numbered consecutively, beginning with number one on the first of each year. The assignment will bear the same number as the bulletin with the suffix *A.`

 (e) Employes will go on and off duty at same location.

 (f) Two (2) copies of all bulletins, assignments, and changes will be furnished to the Local Chairman and District General Chairman.






Bulletined positions will be filled temporarily pending an assignment by the senior qualified employe desiring the position and,in the event no applications are received from employes covered by this agreement,the assignment may be made by appointment.

SHORT VACANCIES -

RELIEF OR EMERGENCY WORK


(a) Positions or vacancies of less than thirty (30) calendar days' duration shall be considered short vacancies and may be filled without bulletining under provisions of Rule 24.

 Where there is reasonable evidence that such vacancy or position will be longer it shall immediately be bulletined, showing, if possible, probable duration.

 (b) Regular assigned employes will not be required to perform relief work, nor to work at wrecks, washouts, etc., except in case of emergencies, and in such case, shall not suffer a reduction in their regular hourly rate of pay, and will in addition, be reimbursed for any necessary expense incurred on account of the change. If the temporary assignment pays a higher rate than their regular position, the higher rate will be allowed.



(a) All temporary vacancies caused by regular assigned employe laying off and/or due to vacations will be filled by the rearrangement of the remaining regular assigned force in that office, with senior employes being given their choice.


"(1) 'in that office' as used in this paragraph (a) means:








(2) Rearrangement of the remaining regular assigned employes as used in this paragraph (a) means employes assigned to position whose starting time of assignment and the vacancy begin with the following hours:





(b) Vacancies left after rearrangement of the remaining regular assigned employes will be filled from the extra lists hereinafter provided.

 (1) When the extra board is exhausted, or for other reasons, it becomes necessary to fill temporary short vacancies by 'doubling' regularly assigned employes or working these on their rest days, the senior available qualified employe desiring to fill the vacancy is entitled to do so provided they have complied with the provisions of this paragraph.



          "(m) In case there is a vacancy on a position governed by the Hours of Service Law which cannot be filled under the above provisions of this rule, such vacancy may be filled by any of the following:


          (1) Recall qualified extra employes off under Paragraph (f) of this rule.


          (2) Occupant of position preceding the shift on which the vacancy occurs, and the occupant of the position following the shift on which the vacancy occurs will divide the overtime.


          (3) The junior qualified available employe will be called to fill the vacancy and will be compensated at the punitive rate of position filled. If time is lost when returning to his regular assignment due to Hours of Service Law, then he will be compensated at pro rata rate for time lost on regular assignment."


The crucial part of Rule 24 which is applicable to this case is Paragraph (1). Paragraph (1) of Rule 24 clearly states that "when ....it becomes necessary to fill temporary short vacancies by'doubling' regularly assigned employes or working them on their rest days, the senior available qualified employe desiring to fill the vacancy is entitled to do so."

 Paragraph (1) of Rule 24 cannot properly be construed as prohibiting the blanking of a temporarily vacant position. It specifies the method to be used in selecting the replacement by "doubling" regularly assigned employes, or working them on their rest days. This becomes applicable, however, only after the Carrier exercises its managerial prerogztive to fill a temporary vacancy (Awards 19262, 17434, 15979 14252 and 12358).

 Award 10849 is not controlling in the instant case, because Rule 25, cited by. the parties in Award 10849, is not the same language as Rule 24.1n this case.

 The phrase 'when thextra . board is exhausted, or far other reasons, it becomes necessary" clearly implies a managerial judgment must be made to determine necessity. Therefore, the claim must bedismissed.
                      Award 1Qumber 21443 page

                    Docket Number Ch-21313


        FIND117GS: 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 jurisdidtion over the dispute. involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMEPJT BOARD

                            By Order of Third Division


ATTEST:
          Executive Secretary


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

                              "I


                                    J, r~ °='T ' :R