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

1. The Carrier violated the effective Clerks' Agreement when it failed to bulletin and award Job No. 212, Relief Crew Caller, when it was vacated by the regularly assigned incumbent and was known to be vacant in excess of thirty (30) days.

 2. The Carrier shah now be required to compensate Clerk Paul vargo for eight (8) hours' pay at the pro rata rate of Job No. 212, Relief Crew Caller, which is in addition to any other earnings paid by the Carrier, commencing with July 5, 1976 and for each and every day thereafter that a like violation occurs.

 OPINION OF BOARD: There exists on this property a Memorandeum of
 Understanding dated December 21, 1962 which reads as follows:



                  Docket Number CL-22255


            "2. The filling of vacationing Yard employees assignments will revert to the system applied prior to the year 1962. The Yard employees vacation assignment will be advertised at least 48 hours prior to the vacationing period, etc.


            "This understanding to become effective January 1,

            1963._


In compliance with the provisions of paragraph numbered one of this Memorandum of Understanding, Carrier posted a bulletin notice for a vacation relief assignment for Crew Caller vacation periods as follows:

            July 5 through August 8, 1976 - Job No. 212


            August 9 through August 22, 1976 - Job No. 211


            September 20 through October 3, 1976 - Job No. 271


            December 20 through December 26, 1976 - Job No. 211


This vacation relief assignment was awarded to Crew Caller E. Price.

 The crux of this dispute concerns Carrier's refusal to bulletin the Crew Caller position (Job No. 212) which was held by Mr. Price.

 Petitioner argues that when Price bid for and was assigned to the vacation relief assignment described above, his position (Job No. 212) became a vacancy which required bulletining in accordance. with the provisions of Rule 25 - Advertising Positions.

 Carrier contends that, by its very language, the December 21, 1962 Memorandum of Understanding recognizes that the employe who makes application for such Crew Caller vacation relief assignment retains ownership of his regular position as evidenced by the language which says:

            "* * Employe who has been awarded the vacation

            relief assignment will cover each vacation

            assignment, and after finishing same, will return

            to his regular position. * * *."


Carrier further contends, without contradiction, that this procedure has been followed since the Memorandum of Understanding became effective in 1963.
                    Award Number 22573 Page 3

                  Docket Number CL-22255


We are convinced from this record that Carrier's application of the provisions of the December 21, 1962 Memorandum of Understanding is correct. Therefore, we must deny the claim as presented.

        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 ADJUSTMENT BOARD

                        By Order of Third Division


        ATTEST: ~ Executive- Secretary


Dated at Chicago, Illinois, this 30th day of October 1979.