(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (The Atchison, Topeka and Santa Fe
 ( Railway Company

(a) Carrier violated the rules of the current Clerks' Agreement at San Bernardino, California on October 24, 1974, when it failed to allow the senior available employe to perform overtime work, and

 (b) Mr. A. A. Ware shall now be compensated for eight (8) hours pay at time and one-half October 24, 1974, at rate of Yardmaster Clerk No. 6129 at $41.90 per day in addition to any compensation he has already received as a result of such violation of Agreement rules.

 OPINION OF BOARD: Claimant was the regularly assigned occupant of
 a Yardmaster Clerk position at San Bernardino,
 California with hours of 7:00 A.M. to 3:00 P.M. Monday through Friday.
 His seniority date was October 17, 1939. On Thursday, October 24,
 1974, Carrier required an employe, on an overtime basis, to deliver
 pay checks to employes from 3:00 P.M. to 11:00 P.M. Carrier used a
 Crew Clerk, Mr. Clapperton, with a seniority date of August 31, 1941
 to perform the overtime work. Petitioner argues that Carrier violated
 Rule 32-G (2) when it used a junior employe to perform the overtime
 work in question instead of using Claimant.







            "32-G. Assignment of Overtime


            In working overtime before or after assigned hours employes regularly assigned to class of work for which overtime is necessary shall be given preference, i.e.:


            (1) Occupant of position to have prior rights to overtime work on his position.


            (2) If more than one employe is regularly assigned to a class of work, the senior available employe in that class of work will have prior rights to the overtime work.


            (3) If none of the employes are available as provided in (1) and (2) above, the senior available qualified employe at the point who has served notice in writing of his desire will then have prior rights to the overtime work.


            NOTE: This principle shall also apply to working on holidays."


The record indicates that the distributing of pay checks had been a part of the regular responsibilities (bulletined as well) of the Crew Clerks at San Bernadino since 1957. Further, it had been a practice of long standing on this property for only certain designated employes (including Crew Clerks at this location) to distribute pay checks. In 1972 by agreement of the parties, the class of work of Crew Clerk and Yardmaster Clerk was combined. From that day forward, Yardmaster Clerks were located in the crew dispatcher's office and performed Crew Caller functions in addition to Yardmaster Clerks' duties. There is no evidence that Yardmaster Clerks, as part of their normal responsibilities, were reqiured to distribute pay checks.

 Carrier maintains that Rule 32-E is applicable to this dispute. Under that Rule, aecording to Carrier, the work in question was work on a day not part of any assignment; all seven-day clerical positions were occupied by the regular incumbents on the claim date and there was need for an additional employe. Under the Rule, therefore, Carrier chose to use the regular employe, Mr. Clapperton, since there were no "off-in-force-reduction employes" available.
                    Award Number 22309 Page 3

                  Docket Number CL-21665


The Organization maintains that Rule 32-G (2) is applicable to the circumstances herein. It is argued that the work in question was not overtime work on a particular position, but the work should have been reserved to the senior employe available in the class of work: Claimant.

 We cannot agree with Petitioner's position. First, and most significant, the work was clearly and specifically by bulletin and practice assigned to Crew Callers, not Yardmaster Clerks even though they were both in the same class of service. Without making a determination as to whether Rule 32-E or 32-G is applicable, it is evident that under both rules the regularly assigned clerk had first call for the work. As this Board has said on numerous occasions (of. Award 6600) when work is regularly performed by an employe on his workday, it also belongs to him or his pos (with certain contractually-specified exceptions). In this dispute since the Yardmaster Clerk did not regularly distribute pay checks, and the Crew Caller did do so, the Claim is without foundation; it must be denied.

        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 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 ADJUST'ENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 22nd day of February 1979.