(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, effective May 1, 1955, particularly Rules 3, 7, 26 and the applicable Extra List Agreement, when it failed to call Mrs. Dolores Anderson, who was the senior qualified and available extra clerk for the position of Eastbound Bill Clerk at Oak Island, N 1974.

 (b) The Carrier now be required to compensate Mrs. Anderson for one (1) day at the pro rata rate of the position to which entitled and of which she was deprived by the use of a junior extra clerk.

 OPINION OF BOARD: The Organization alleged, but did not present
 sufficient evidence to prove, that Kathy McGuiness
 worked the Eastbound Bill Clerk position November 22, 1974, when the
 work should have been performed by Mrs. Dolores Anderson, the senior
 qualified and available extra Clerk. Because the Organization failed
 to prove that Kathy McGuiness actually worked the position as alleged,
 the claim must be denied.



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:liV
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of March 1978.
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APP I9 i37"

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