(Brotherhood of Railway, Airline, and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (The Baltimore and Ohio Railroad Company


May 31, 1976, (Memorial Day), July 5, 1976, (Independence Day), and September 6, 1976, (Labor Day), it closed the continuous around-the-clock Train Order Offices at RH and NA Towers, Cincinnati, Ohio, causing and permitting employees not

covered by the Clerk-Telegrapher Agreement to perform work required by Carrier which is normally and customarily performed by each assigned position at the

two Train Order Offices, seven (7) days of each week, and

 (2) As a result of such violative acts, Carrier shall compensate the employees assigned to the two Train Order Offices, eight (8) hours' pay at the' rate of time and one-half on each of the three (3) enumerated Legal Holidays, as follows:
 R. A. Braun 1st trick RH Tower May 31, July 5 and September 6, 1976.
 D. E. Schreiner 2nd trick RH Tower May 31, July 5 and September 6, 1976.
 J. F. Knizner 3rd trick RH Tower May 31, July 5 and September 6, 1976.
 N. A. Peetz 1st trick NA Tower May 31, July 5 and September 6, 1976.
 W. F. Huffaker 2nd trick NA Tower May 31 and July 5, 1976.
 R. T. Ferris 2nd trick NA Tower September 6, 1976.
 J. Gormley 3rd trick NA Tower May 31, July 5 and September 6, 1976.
not work. The Organization alleges, however, that work assigned to Claimants'
 positions was performed by Train Dispatchers on those dates. Performance of

Operator's duties by Train Dispatchers on holidays, the organization argues, is in violation of the Work on Unassigned Days Provision of the parties' agreement.




The Carrier argues that Claimants' positions were properly blanked on the holidays in question and that "Positively no work belonging to the Claimant Operators was performed by Train Dispatchers on any of the dates of claim."

 We have examined carefully the entire record in this dispute and we are unable to find where any work of Claimants' positions was performed by Train Dispatchers on the-three holidays.

        The claim will be 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 Employee 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 not violated.


                          A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
              Executive Secretary


Dated at Chicago, Illinois, this 27th day of February 1987..

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