(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE.

STATEbIEdT OF CLAIM: Claim of the System Committee of the Brotherhood
 (GL-9258)

 (1) The Association violated the current Rules Agreement between the parties, including but not limited to Item 4 of Addendum No. 1, when on
 MI it called and used junior clerk R. R. Mills at overtime rate
 arch 11, 1979o to fill the vacancy on KPVC Position No. 251 instead of calling and using senior clerk J. E. Berliski, who was available and qualified to perform the work.

 (2) The Association shall compensate Mr. J. E. Berliski, Clerk, Houston, Texas, for eight (8) hours' pay at the time and one-half rate of KPVC Position No. 251 for March 11, 1979.

 OPINION OF BOARD: Claimant J. E. Berliski was working in Carrier's General
 Office on March 11, 1979, in relief Position No. 479130, on the 7:00 a.m. to 3:00 p.m. shift. A vacancy occurred in Position No. 251, which was also in the General Office, on the 3:00 P.m. to 11:00 P.m. shift. The extra board had been exhausted and the job had to be filled using regular employes. Claimant was the most senior employe available for the call and should have been offered the position. Instead, Carrier called and used R. R. Mills, a clerk junior to claimant.

 The record of this case clearly reveals that claimant should have been offered the vacancy. As a result of an oversight, he was not called. Carrier argues that claimant was working in the General Office and knew that a junior employe was called. He should have made his claim at this point, rather than say nothing in anticipation of receiving a free day as a result of a claim at a later stage. Carrier argues that this inaction was inappropriate and claimant should
Carrier also argues that in the initial claim, a day's pay was requested. The presentation before this Board requests a day's pay at time and one-half. This is an expanded claim, not the same one presented on the property. The expanded claim is not properly before this Board and should be dismissed.
 Award Number 23418
 Docket Number CL-23330

 Page 2

 This Board is persuaded that the original claim was for one day at the pro rata rate, not for time and one-half. This Board is also persuaded that Carrier did make a mistake and that claimant should have been offered the open job. Despite the argument that claimant knew a mistake was being made and did nothing about it, however, Carrier is liable for its actions.

That the parties waived oral hearing;

 That the Carrier and the Employer 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.
Claim sustained for one day at the pro rata rate.

                      By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 3rd day of November 1981.

 i - ,_i