(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Consolidated Rail Corporation ( (Former Lehigh Valley Railroad Company)

(a) The Carrier violated the Rules Agreement, particularly Rules 1, 3, 6, 7, 43, 44 and other Rules, as well as the Extra List Agreement, when it assigned and permitted Mr. T. Ferry to perform the duties of Lead Clerk, Flexo Writer, 7:00 A.M. to 3:00 P.M., on the following dates: February 15, March 1, 8, 15, 22 and 29, April 5, 1975, at Washington Street, Jersey City, New Jersey.

 (b) Claimant John Bagger, be allowed one (1) day at eight (8) hours at the time and one half rate of pay for the above mentioned dates, continuing until the violation is corrected.

 OPINION OF BOARD: The Claimant was regularly assigned as Lead Clerk
 with rest days Saturday and Sunday. The Organiza
 tion alleges that work necessary to be performed on the rest days of the
 position accrues to the incumbent unless there is an available extra
 employe who does not have forty hours in his workweek. It is the
 position of the Brotherhood that the individual used on the dates of
 the claim, all of which are Saturdays, is not a bona fide employe.

 Questions raised by the Organization in regard to seniority are not controlling in this case. Mr. Ferry was a bona fide employe and the Carrier acted properly in assigning him to perform the duties of Lead Clerk on the dates in question.





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 not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: a'141-6FA~

        Executive Secretary


Dated at Chicago, Illinois, this 31st day of March 1978.

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