NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22398

THIRD DIVISION Docket Number CL-22254

Louis Yagoda, Referee

(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Southeastern Demurrage and Storage Bureau

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8443) that:

"(a) The Bureau has violated the Rules Agreement, particularly Rule 34 when they did not allow the claimant to perform overtime work that normally would have been a part of claimant's regular assignment.

(b) Claimant T. D. Bruce should be paid one day's pay for January 2, 1976 at the rate of one and one-half times the regular basic straight time rate of the claimant."

OPINION OF BOARD: This is a companion case to Award No. 22386,
involving the absence of R. 0. McCollum. The
Carrier used employe Dickie who was on duty to fill Mr. McCollum's
position. In this regard the Claimant contends that Rule 34 (d)
requires that he should have been called to perform the duties of
McCollum's position.

Friday, January 2, 1976, was Claimant's assigned rest day. It is also clear the duties to be performed that day by Dickie were part of an assignment, namely, McCollum's. Therefore, it cannot be said Carrier violated Rule 34 (d) as it does not require the Claimant be used.

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;

Award Number 22398 Page 2

Docket Number CL-22254

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:

'Executive Secretary

Dated at Chicago, Illinois, this 27th day of April 1979.

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