(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (The Baltimore and Ohio Railroad Company

(1) Carrier violated the Agreement between the parties when on the dates of August 5, 7, 12, 13, 14, 18, 19, 20, 21, 25, 26, 27, 28, September 1, 2, 3, 4, 8, 9, 10, 11, 15, 16, 17, 18, 22, 23, 24, 25, 29, October 14, 15, 21, 22, 27, 28, 29, 30, November 10, 11, 12, 13, 24, 26, 27, December 1, 23, 24, 29, 1976 and January 19, 1977, because of its requirement and allowance of a regularly-assigned Operator performing work on an assigned Train Dispatcher position to return to his Operator position weekly and work his Dispatcher's rest-days after having worked both preceding rest-days of his Operators position, did cause the improper displacement and denial of rights of employees filling short vacancies, and

 (2) Carrier shall, as a consequence, be required to compensate improperly-displaced employee A. R. Brougham additional compensation for the dates in question, as follows:
















and

 (3) Carrier shall also be required to compensate improperly displaced employee M. D. Smith additional compensation for the dates in question, as follows;

      August 19 - 4 hours September 10 - 8 hours

      August 26 - 4 hours September 11.- 8 hours

      September 2 - 12 hours September 16 - 12 hours

      September 3 - 8 hours September 17 - 8 hours

      September 4 - 8 hours September 18 - 8 hours

      September 9 - 12 hours September 23 - 12 hours

      September 24 - 8 hours October 30 - 8 hours

      September 25 - 8 hours November 11 - 12 hours

      October 15 - 8 hours November 12 - 8 hours

      October 22 - 8 hours November 13 - 8 hours

      October 28 - 12 hours November 26 - 8 hours

      October 29 - 8 hours November 27 - 8 hours


And, in addition to the foregoing on behalf of Mr. M. D. Smith, the difference ,in compensation between the rate of pay attached to HK Tower, the step-up position, and JD Tower, the position to which returned through such impropriety, for each date of August 7, 13, 14, 20, 21, 27, 28, September 3, 4, 10, 11, 17, 18, 24 and 25, 1976.

 OPINION OF BOARD: A reading of the record discloses that during
 the period described in the Statement of Claim,
 Mr. H. E. Bair, regularly assigned Telegraph Operator at HK Tower,
 Baltimore, Maryland, 3,:00 P.M. to 11:00 P.M., Sunday through Thursday
 (rest days Friday and Saturday), was used to fill a Train Dispatcher's
 vacancy at Baltimore, Maryland, on a position working 3:00 P.M. to
 11:00 P.M., Friday through Tuesday of each week (rest days Wednesday
 and Thursday). On Wednesday and Thursday rest days of the dispatcher's
 position, Mr. Bair was permitted to work his own Telegraph Operator's
 position.

        Claimant, A. R. Brougham, was regularly assigned as a

Relief Telegraph Operator at PX Tower, Baltimore, Maryland, and was used to fill the second trick vacancy of Mr. Bair on Sunday, Monday and Tuesday of each week during the claim period.

                    Award Number 22435 Page 3

                    Docket Number CL-22395


Claimant, M. D. Smith, was regularly assigned as a Telegraph Operator at JD Tower, Hyattsville, Maryland, and was used to fill Mr. Brougham's vacancy on the days he was filling Mr. Bair's vacancy.

 The claims as presented by Mr. Brougham and Mr. Smith contend that Mr. Bair should not have been permitted to work on his regular Telegraph Operator's position on Wednesday and Thursday during the period of the claim.

 Rule 41, upon which Petitioner relies, lists under paragraph (e) thereof - which is applicable here - four (4) instances wherein a regularly assigned Telegraph Operator who performs extra work as a Train Dispatcher may not claim the right to work within the hours of his Telegraph Operator's assignment. None of those four (4) instances prohibits the type of situation complained of herein.

 It may well be, as Petitioner contends, that the intent of the Agreement was to confine such employes to not more than five (5) days' work per week. However, the four (4) situations . outlined in Rule 41 (e) do not prohibit an employe such as Mr. Bair from claiming the right to work on his own regular Telegraph Operator's position as he did in this case. If the framers of the Rule had intended that an employe be denied the right to work his own position in circumstances such as we have here, then another or different prohibition would have been included in Rule 41(e). This Board cannot:

        " . . inject our predilictions as to what is fair, just and equitable. Nor can we engage in speculation as to what might have been in the minds of the parties, but not evidenced in the Agreement as executed, or otherwise proven." (Third Division Award No. 12558, Referee Dorsey)


We may not add the additional prohibition to the Rule, under the guise of interpretation. The claim herein must be denied.
                    Award Number 22435 Page 4

                    Docket Number CL-22395


        FILINGS: 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 ADJUSTMENT-BOARD

                        By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 15th day of June 1979.