(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Elgin, Joliet and Eastern Railway Company

1. The Carrier violated the effective Clerks' Agreement when it refused to permit Clerk A. E. Wrobel to exercise his displacement rights over a junior emplo displaced, thereby depriving him of the work to which he was entitled;

 2. The Carrier shall now compensate Mr. Wrobel for eight (8) hours' pay at the time and one-half rate of Position GT-1160-R for November 4, 1977.

 OPINION OF BOARD: Claimant, A. E. Wrobel, was the regularly assigned
 incumbent of Position GT-522, a seven day position
 with assigned hours from 11:00 P. M. to 7:00 A. M. and rest days of
 Sunday and Monday. Under date of November 2, 1977, to be effective on
 November 4, 1977, Ms. Charlotte Carlin, an employe senior in service
 to claimant, exercised her displacement rights to Position GT-552.
 Claimant was thereby displaced from that position. Claimant, in turn,
 exercised displacement rights over junior employe L. Lear, incumbent
 of Position GT-1160-R, also to be effective November 4, 1977. Position
 GT-1160-R is a relief assignment with the following work week:







Claimant was displaced on Friday, November 4, 1977 and sought to make his displacement on that same date in order to avoid a loss of earnings.
 Award Number 22684
 Docket Number CL-22838

 Page 2

 The Carrier refused to honor Claimant's displacement on November 4, 1977, and instead, deferred it until the following day, November 5, 1977. Thus, Mr. Wrobel was not an incumbent of any position on November 4, 1977. He seeks a day's pay for not being allowed to displace on November 4, 1977.

 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 actually being displaced. There is no evidence presented of such a prohibition. That being the case, Rule 42 (a) is applicable to an employe moving from one assignment to another (Award 20 of the Public Board 31 between these parties). -See-also Award 22636 The claim will be sustained.

 FILINGS: The Third Division of the Adjustment Board, upon the whole

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; i
 That this Division of the Adjusimient Board has jurisdiction
 over the dispute involved herein; and -----=___

 The Agreement was violated.

 A W A R D
Claim sustained.

 ATTEST:


Dated at Chicago, Illinois, this 14th

 NATIONAL. RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 day of December 1979.