(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

(a) The Southern Pacific Transportation Company violated the current Clerks' Agreement when it failed and refused to grant Barbara J. Bryant an investigation duly requested under the provisions of Rule 50 thereof; and, i
 (b) The Southern Pacific Transportation Company shall now be required to grant Barbara J. Bryant an investigation under the terms of Rule 50 as requested.
OPINION OF BOARD:. Carrier determined that only a portion of its
 forces would be required to work in its Data
 Processing Office en February 17, 1975, a legal holiday under the
 Clerks' Agreement. Claimant, who was scheduled to work her Position E-44,
 was required by Carrier as the only qualified available on-duty employe,
 over her objections, to perform service on Position 060 when the occupant
 thereon did not report for work. Five days after working Position 060
 on the holiday, Claimant, alleging unjust treatment "on February 17,
 1975, at which time carrier's agent arbitrarily and unfairly relieved
 me of my normal position and duties, without cause, merit or justifica
 tion," requested an investigation under the provisions of Rule 50 which
 was initially denied on the basis that "actions complained of are
 covered by the provisions of NOTE 2 to Rule 25(d) of the current Clerks'
 Agreement." The claim was subsequently appealed through the various
 appeals levels provided by the agreement, with the Carrier insisting at
 each level that Claimant was not entitled to an unjust treatment hearing
 under the provisions of Rule 50 because, inter alias the specific
 "grievance" was covered by other rules and unjust treatment hearings
 were for matters not covered by specific rules of the parties' agreement.
                                                      f


                    Award Number c^1;23 Page 2

                    Docket Number CL-21738


Rule 50 reads:

        "An employe who considers himself unjustly treated, shall have the same right of investigation and appeal as provided in Rules 46, 48 and 49 if written request is made to his superior within fifteen (15) days of the cause of complaint."


This rule has been the subject of two decisions involving these same parties: Award 3 of PLB 843, and Award 21178 (Blackwell) of this Division wherein essentially the same arguments, addressed solely to the request for unjust treatment hearing without reference to other agreement violations, prevailed and, this situation not being distinguishable from that in Award 21178, that award is controlling. We do not find Award 21178, concluding the request for hearing under Rule 50 to have been improperly denied, to be in error and will sustain the claim.

        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 :weaning of the Railway Labor Act, as approved June 21, 1934;

        That this Division of the Adjustment Board has jurisdij_gion

over the dispute involved herein; and ,-,__ - "~
                                          ~~iu ~J


        That the Agreement was violated.


                                          -r, ? ~~i .i

                    A W A R D E~ L._:~,


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division i


ATTEST: ~ %'J r ~ re
 Executive Secretary

 Dated at Chicago, Illinois, this 20th day of ,=brna^r 1773.