(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE; (Southern Pacific Transportation Company ( (Pacific Lines)

(a) The Southern Pacific Transportation Company violated the Clerks Agreement on March 25 and 26, 1975, at Roseville, California, when it called Mr. Steve Morris to fill Position No. 42, Train Clerk, and subsequently refused to properly compensate Clerk Morris under the rules of the Agreement; and,

 (b) The Southern Pacific Transportation Company shall now be required to allow Mr. Steve Morris eight (8) hours additional compensation at the overtime rate oz Position No. 42, Train Clerk, for March 25 and eight (8) hours additional compensation at the straight time Guaranteed Extra Board rate for March 26, 1975. In addition, Claimant is to be allowed interest at the rate of two percent (2I) per month, compounded monthly, commencing March 26, 1975, and continuing until the basic claim has been fully adjudicated.

 OPINION OF BOARD: Claimant, Steve Morris, was regularly assigned
 to the Guaranteed Extra Board at Roseville,
 California, working various positions and hours as required by the
 Agreement. Claimant worked Position No. 40, Train Clcrk, hours
 7:00 A. M. to 3:00 P. M., on Tuesday, March 25, 1975. He was then
 released back to the Guaranteed Extra Board.

 On Wednesday, March 26, 1975, a vacancy existed on Position No. 8, Train Clerk, hours 12:00 midnight to 8:00 A. M. Carrier assigned Clerk R L. Ratzlaff to fill Position No. 8. Ratslaff was removed at 12:00 midnight on March 26, 1975, from Position No. 42, Train Clerk, hours 11:00 P. M. to 7-.00 A. M. Ratzlaff's assignment to Position No. 8 created a vacancy in Position No. 42. Claimant was instructed to report to fill this vacancy at midnight on March 26, 1975. He worked


Position No. 42 from 12;00 midnight to 7:00 A. M. and was allowed seven hours at the straight time rate of Position No. 42, plus one hour paid for, but not worked, at the same rate from 7;00 A.M. to 8;00 A. M. for a total of eight hours.

 The Organization claims that Carrier violated the Agreement between the parties by failing to properly compensate Claimant for March 25 and 26, 1975. It contends that Claimant was entitled to work Position 42 as it was scheduled, 11;00 P. M. - 7;00 A.M. The Organization argues that had this been the case, Claimant would have received 8 hours at the overtime rate since this would have been Morris'- second start on March 25, 1975. The Organization maintains that Carrier's sole purpose in changing the starting time was to avoid paying overtime as is required by the Agreement. It asks that Morris be allowed eight (8) hours additional compensation at the overtime rate of Position No. 42, Train Clerk, for March 25, 1975, and eight (8) hours additional compensation at the straight time Guaranteed Extra Board rate for March 26, 1975. This Board is also asked to award interest to Claimant.

 Carrier, on the other hand, insists that it has not violated the Agreement. Carrier argues that Claimant's starting time was 12;00 midnight. Therefore, it contends that Claimant did not work two assignments on March 25, 1975. Carrier also argues that the starting time for Position No. 42 was not changed. The incumbent, Ratzlaff, worked the first hour and then Claimant worked the remainder of the shift. Carrier claims that while Claimant's starting time was 12:00 midnight, the position's was 11;00 P. M. as bulletined. Finally, Carrier maintains that a letter of understanding, dated October 29, 1959, permitted what occurred here - using an available extra employe to provide relief for the remainder of a shift, and paying the employe eight hours at the applicable rate.

 Claimant was assigned to Position No. 42. It had a fixed regular starting time of 11;00 P.M. Pursuant to Rule 16, a "regular starting time shall not be changed without at least five (5) working days' written advance notice to employes affected." Carrier did not provide the required notice of its intent to change the starting time. Yet, Carrier did alter the starting of Position No. 42 on March 25-26, 1975 far Claimant. By having Clerk Ratzlaff cover the position for one hour and only then allowing Claimant to work, the effect upon Claimant was to change the starting time of Position No. 42.
                    Award Number 22757 Page 3

                    Docket Number CL-22717


This is unacceptable. .Claimant had a demand right under Rule 16 to report to work at 11:00 P. M. That is, he was entitled to fill Position No. 42 as it was bulletined - including the fixed starting time.

 Carrier also attempted to base its action in dividing Position No. 42 on a letter of understanding, dated October 29, 1959. This contention must be rejected. The circumstances in this case are not those which that letter of understanding attempts to address. It is inapplicable to facts presented here.

 The final question is that of the appropriate compensation. Under Rule 20(a), Claimant should have been paid time and one half for all work he performed between 3:00 P.M. on March 25, 1975 and 7:00 A.M. on March 26, 1975. We will sustain the claim to that extent. In all other aspects, the claim is denied.

        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 to the extent and in the manner set forth in Opinion.
                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


            f~ '~

ATTEST::r'~%.~C.
        Executive Secretary


        Dated at Chicago, Illinois, this 29th day of February 1980.