(Brotherhood of Railway, Airline and Steamship Clarks,
 ( Freight Handlers Express sad Station Employes
 PARTIES TO DISPUTE:
 (The Chesapeake and Ohio Railway Company

(a) Carrier violated Rule Ll and others of the Agreement on March 11, 1977 when they required and allowed the Yardmaster to bypass the Operator on duty and r patcher.,

 (b) Carrier now be required to compensate Mr. F. E. Thompson eight (8) hours pay at the pro rata violation.

 OPINION of BOARD: Claimant, a cut-off clerk, properly filled a temporary
 vacancy in an operator position for the second trick. on
 March 11, 19'(7 at Fulton Yard, Richmond, Virginia. During the performance
 of his duties on that date, claimant was required to leave his post to
 deliver orders to a train on the eastbound main line. Prior to leaving,
 the claimant specifically asked the Yardmaster if there were nay other
 train moves, The Yardmaster gave him a "roundhouse to eastbound" move
 sad no others. Claimant was absent for approximately six minutes. Upon
 his return, claimant discovered the Yardmaster had directly contacted the
 Train Dispatcher requesting a "Southern to the Eastbound Yard" move during
 the six minute period. Claimant immediately filed a claim for eight hours
 of pay at the rate of $56.58 per day alleging that the Yardmaster violated
 the applicable agreement when he gave the "Southern to the Eastbound yard"
 move to the dispatcher.

 The issue here is not a question of liability since the Carrier has conceded that, on March 11, 1977, claimant was entitled to handle the "Southern to the 8sstboutd Yard" move. Instead, the issue is what is the appropriate measure of damages, The Carrier has vigorously argued that claimant is not entitled to any compensation since he was on duty at the time. Furthermore, according to the Carrier, even if the claimant is entitled compensation, the extent of his entitlement is limited to actual damages pursuant to Rule 1 governing the scope of work. Thus, the Carrier offered and paid claimant six minutes of wages pro-rated from the daily rate of $56.68. On the other hand, the Organization urges us to award eight is determined by Rule 41. Under prior settlements, on this property, the union argues there is support for damages heater than the six minutes paid by the (terrier.


Rule 41 of the applicable collective bargaining contract states:

        "No employs other than those covered by this Agreement and Train Dispatchers will be permitted to handle train orders at telegraph or telephone offices where an employs covered by this Agreement is employed and is available or can be promptly located, except in as emergency, in which case the employs covered by this Agreemeat will be paid for the call."


The clear and unambiguous language of Rule 41, end not Rule 1, controls the instant controversy. Claimant was available to handle the train move and he, indeed, expressly asked the Yardmaster if there were any other train moves before leaving his post. Rule 41 also provides for a call payment when the Carrier violates the rule. However., claimant is not entitled to eight hours of pay. A review of the historical practice on this property for settling similar disputes discloses that the proper measure of damages is three hours of pay pro-rated from the daily rate. Therefore, claimant shall be paid three hours of pay pro-rated from the $56.58 daily rate less the six minutes of pay which he previously received from the Carrier.

        FILINGS: 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 Employer involved in this dispute are respectively Carrier and Employer 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 is Opinion.

                            NATIONAL RAILROAD AL17US51ENT BOARD

                                                By Order of Third Divlsibn---_ f v .,~\\


AT'T'EST: ~,~ ;. ~. ;
 Executive Secretary !,~ ~Ipl a ~ I~'i;1 !`.

 Dated at Chicago, Illinois, this 1
                        9th dry of June 1981

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                                            C';ice- i.