Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers Express and Station Employes PARTIES TO DISPUTE:

STATEMENT CF CLAIM: Claim of the System Committee of the Brotherhood

1. The Carrier violated the effective Clerks' Agreement when it refused to permit Clerk J. Moran to exercise his displacement rights over a junior employe effective with the date he was displaced, thereby depriving him of the work to which he was entitled;

 2. The Carrier shall now compensate Clerk J. Moran for eight (S) hours' pay at the time and one-half rate of position GT-492 for September 17, 1975.

 OPINION OF HOARD: Claimant was the regular incumbent of position
 GT-552, tour of duty 11:00 PM to 7:00 AM. Upon reporting for duty on September 16, 1975, Claimant was notified that he was displaced by a senior employe on position GT-552 effective with the end of his tour of duty, that is, at 7:00 AM, September 17, 1975. Upon being so notified, Claimant sought to displace a jmndor employe on position GT-492, tour of duty 7:00 AM to 3:00 PM to be effective 7:00 AM, September 17, 1975. The incumbent of position GP-492 was notified that she had been displaced. and did not report for duty on that position. Neither was Claimant allowed to work the position.

 Carrier relies upon a 1959 case settlement for disposition of the matter. However, that settlement did not involve an identical fact situation.

 The issue here is whether Claimant can exercise a displacement immediately upon being displaced. There is no evidence presented to validate Carrier's delay of Claimant filling the assignment. in the circumstances of the case, Rule 42(a) is applicable to an employe moving from one assignment to another (Award 20 of Public Law Board 31 between these parties). The claim will be sustained.


        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 violated.


                    A W A R D


        Claim sustained.


                            HATICNAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:~/V, ~RIG~IG~/~ -
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of November 19'(9.