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

(a) The Pacific Fruit Express Company violated the current clerks' Agreement when it instructed the Agent-Clerk at Eugene, Oregon, Mr. K. C. Wilson to work the Agent-Clerk position at Medford, Oregon, effective March 1, 1978, notwithstanding the availability at Medford of a qualified unassigned employe, Mr. James A. B*_mmott·

 (b) The Pacific Fruit Express Company sball now be required to allow James A. Brummett eight (8) hours compensation at the pro rata rate of Position K-1, Agent-Clerk, Medford, Oregon, for March 1, 1978, and each and every calendar day thereafter until the violation is corrected;

 (c) In addition, James A. Brummett shall be accorded protected status as provided by Section 8, paragraph (e), of the Agreement of January 17, 1978.

 OPINION OF BOARD: In our review of this case, we find that Carrier violated
 Agreement Rules 6, 7, 9(i) and 13 (c) respectively when
 it reestablished the Agent-Clerk position at Medford, Oregon on March 1, 1978
 and required Mr. K. G. Wilson to travel from Eugene, Oregon to Medford, a
 distance of approximately 187 miles to perform the duties of the new position.
 Claimant had been the occupant of the position K-1 Agent-Clerk at Medford
 until it was abolished on January 9, 1978 and, as an unassigned employe,
 was subject to call for that position, consistent with the terms of the
 aforementioned Rules. When Carrier established this position again at this
 location, it was obligated to call Claimant. We understand Carrier's
 argument that the degree of economic activity at Medford didn't warrant
 the establishment of the Agent-Clerk position, particularly during the
 March 1 - March 16, 1978 period, when only eleven (11) carloads of pears
 and thirteen (13) carloads of rosebushes were loaded, but Mr. Wilson's
 actual work schedule didn't show that it was a limited time assignment.
 Award Number 22919 Page 2
 Docket Number CL-22913

 Rule 6 required Carrier lo call Claimant to fill the position and asserting that it was only a redeployment of existing personnel because of short term economic exigencies doesn't change the realistic effect. It was a de facto reestablishment of the former K-1 Agent-Clerk's position and as such violative of the intended letter and spirit of the cited Agreement Rules.

 On the other hand, while we agree with Claimant that the amended claim relative to protective status first advanced in the General Chairman's Nay 24, 1978 letter was technically validated when Carrier didn't challenge its presumptive impropriety when responding on June 27, 1978, we find that we cannot ascertain the interpretative significance and application of Section 8(e) of the January 17, 1978 split off agreement since a copy of this agreement was not submitted to the Board. The record, however, substantially demonstrates that the collective bargaining agreement was violated when Carrier directed Mr. K. G. Wilson to perform Agent-Clerk duties at Medford from March 1 through April 3, 1978 and we are compelled to sustain parts (a) and (b) of the instant claim for this period. We will dismiss part (c) of the claim for the reason stated herein.

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 to the extent expressed in the

 Opinion.

 ATTEST: al/,~(~V~
 Executive Secretary

 Tlatpd at Chicago. Illinois- this 22nd

 Claim sustained to the extent expressed herein.

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 day of July 1980.