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

(a) The Carrier violated the Rules Agreement, effective May 1, 1955, particularly Rules 1 (Scope) 3, 7 and others, when it failed to call, an extra clerk to fill a vacancy on position of Yard Clerk-Messenger at Irvington, New Jersey and required, or permitted, the incumbent of a "P" position to perform the work of the Vacant clerical position on the date of November 18, 1974.

 (b) The Carrier now be required to compensate Extra Clerk Edward G. Miller for one day at the pro-rata rate of the said Yard Clerk-Messenger position for the date of November 18, 1974.

 OPINION CF BOARD: Claimant vas assigned to an extra list maintained
 pursuant to agreement Rule 26. The extra list was
 established for the purpose of protecting vacancies an regular positions
 and the performance of extra clerical work at various carrier locations
 including Irvington. New Jersey, the location involved in this dispute.

 On Friday. November 15, 1974, Claimant, as required by the extra list agreement, reported to the supervisor in charge of the extra list and vas told that at that time it vas not anticipated that his services would be needed prior to the next scheduled reporting time which would be following Monday afternoon. Claimant nonetheless kept himself available for call in the event an unexpected vacancy occurred. Cm Monday morning, November 18, 1974, a vacancy did occur as a result of a yard clerk messenger being permitted to lay off on that date. Claimant vas not called to fill the vacancy. The Carrier denies the &'sLim an two bases: (1) Claimant vas not qualified to perform the work of the vacant position. (2) He failed to comply with the reporting requirements of paragraph 5 of the extra list agreement.


We find Carrier's qualification argument without merit. There is evidence in the record that newly hired individuals were placed on this same vacancy without any requirement of prior training or experience and that, subsequent to the claim date, Claimant himself had been called for and used on the same position without prior training or experience. As to the alleged failure to comply with reporting requirements, there is simply no evidence of record to support it. The claim will be sustained.

        ?IIDINQS: The Third Division of the Adjustment Hoard, upon the whale 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 Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                    A W A R D


        Claim sustained.


                        HATLOBAL RAaxOND ADJUSTHNT BOARD

                        By Order of Third Division


ATTEST.
 Executive Secretary

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