(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 on September 5 and 6, 1976, it failed to afford Clerk Phyllis Dorre an opportunity to perform work on an unassigned day which was work to which she was assigned five days per week.

 2. The Carrier shall now compensate Ms. Dorre for eight (8) hours' pay at the time and one-half rate of Position JT-607,,for each of dates September 5 and 6, 1976.

 OPINION OF BOARD: Claimant Ms. Phyllis Dorre is the regular incumbent of
 Position JT-607, Accounts Clerk, a five-day position
 with rest days of Saturday and Sunday. Position JT-607 was established as
 a new position under date of August 10, 1976. Claimant was the successful
 applicant when the position was first bulletined. Duties of the position
 as listed by bulletin are as follows



Carrier also had a Demurrage Clerk position, JT-209, duties of which were listed by bulletin as follows


    "Maintain demurrage, storage and weighing records and issue bills to cover charges for same to patron. Position requires a knowledge of demurrage, switching and storage tariffs.


    "Applicant must have evidence of clerical ability."


Among the demurrage accounts handled by the incumbent of Position JT-209 were Mobil, GAP, Phoenix Manufacturing and Prairie State Paper Mills. The incumbent of still another position, JT-597, referred to as Switching Clerk was assigned to handle demurrage for only United States Steel Corp. Duties of Position JT-597 are listed by bulletin as follows

    "Maintain demurrage, switching, storage and weighing records, prepare bills to cover charges to customers and/or other railroads. Prepares constructive placement notices to patrons, controls switch orders and miscellaneous clerical work as assigned."


At the time of the instant claim, Mr. W. Pelton held Position JT-597.

 Under date of August 30, 1976, Carrier abolished Position JT-209 and the demurrage duties were given to the incumbent of the recently created Position JT-607. A backlog of work had existed in Position JT-209 at the time it was abolished due in part to the excessive absence of the most recent incumbent of that position. The backlog accordingly fell to the incumbent of the successor position to JT-209; namely, to the Claimant.

 At Carrier's instruction, on September 2, 3, 7, 8, and 27, Ms. Dorre spent full time in training an inexperienced employs who had recently been awarded another demurrage position, JT-612 . A, a result, Ms. Dorre's demurrage work fell well behind. Carrier, in order to have the demurrage accounting for the several industries involved (Mobil, GAP, etc.) brought up-to-date, elected to have the work performed on Saturday and Sunday, September 5 and 6, 1976. Since there were no furloughed employes available, the work was required to be performed on an overtime basis. Carrier assigned Mr. Pelton, incumbent of Position JT-597, to work his rest days to perform the work. Claimant was not afforded an opportunity to do the work in question on her rest days.

 A claim was filed by the Organization on behalf of Claimant on October 7, 1976. The claim was appealed up to and including the highest Carrier officer designated to handle such disputes. Conference was held on July 13, 1977, resulting in impasse. Accordingly, the dispute is properly before the Board for adjudication.
                    Award Number 23073 Page 3

                    Docket Number CL-22333


Of relevance to the present issue is Rile 42 of the Agreement.
 Sections (e), (f), and (g) read as follows

                      "RULE 42


                      OVEIO'I2O


    (e) Where work is required by the Carrier to be performed on a day which is not a part of any assignment, it may be performed by an available unassigned employe who will otherwise not have 40 hours of work that week; in all other cases by the regular employe.


    (f) In working overtime before or after assigned hours, employes regularly assigned to class of work for which overtime is necessary shall be given preference; the same principle shall apply to working rest days and holidays. It is recognized that when overtime work is necessary on a position the incumbent has the right and responsibility to perform such overtime work. If for good and sufficient reasons, however, the incumbent is not able to perform such overtime work it will be offered on a seniority basis to the available qualified employe in that location and department. If such overtime work is declined by all other employes to whom it is offered the junior available qualified employe will be required to perform the work. The Carrier will give notice as far in advance as possible to employes required to perform overtime work.


    (g) An employe denied overtime work which he is rightfully entitled to will be compensated at the time and one-half rate, the same as if he had performed the work."


Upon consideration of the entire record we do not find persuasive Carrier's assertion that because of the similarity of position descriptions, the overtime work at issue belonged to Mr. Pelton as senior to Claimant. Rather, careful reading of Rule 42, specifically Section (e), indicates that overtime work shall, in cases such as the present one, be assigned to the regular employe." We are in concurrence with the interpretation of "regular employe found in Award 3-13142:
 Award Number 23073
 Docket Number CL-22333

    ".. it is clear that the 'regular employe' being referred to is the employe who is assigned to a position to which the involved work would normally be assigned if it came up in the course of an assigned day of that position; or, to put it in other, more commonly used language, Bile 20(e) in this Agreement intends (in proper order of priorit work to the employe on whose job it usually is performed."


(See also, Award No, 3-7175). The overtime work performed on September 5 and 6, 1976, resulted at least in part because Carrier required Claimant to perform extra duties (training) which put her behind in her regular work. We find that Carrier then erroneously assigned work to Mr. Pelton which was, according to Rule 42(e), properly Claimant's. The Claim is therefore sustained,

 Page 4

        FIND=S: 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 Act, as approved June 21, 1934;

 That this Division of the Adjustment Board Ls jurisdiction over the dispute involved herein; and

 meaning of the Railway Labor

 That the Agreement was violated.

 Claim sustained.

 ATTEST:-
        Executive Secretary


NATIONAL RAILROAD ADJVSTb ,
 By Order of Third Division

 Dated at Chicago, Illinois, this 21st day of November 1980,