(Brotherhood of Railway, Airline and Steamship Clerks Freight Handlers, Express and Station Employes PARTIES TO DISPUTE. . Bessemer and Lake Erie Railroad Company

1. Carrier violated the effective Clerks' Agreement when it failed to consult with the Local Chairman in the assignment of a Two Star Position;

 2. Carrier shall now coopensate Ms. Linda K. Redfoot for the difference
 in the rate of pay between what she was paid and what she would have earned on
 the position of Chief Clerk to Engineer Track for September 5, 6, 7 and 8, 1978.

 OPINION OF BOARD: The Organization claims that Carrier violated the Agreement
 when it failed to consult with the Local Chairman in the
 assignment of a Two Star Position, specifically, the position of Chief Clerk
 to Engineer Track, on Septerr_er 5, 6, 7 and 8, 1978. The incumbent of this
 position was on vacation dur:.ag this time. It maintains that Linda K. Redfoot,
 Clerk of Maintenance Way, should have been assigned the position. Therefore,
 the Organization asks that Claimant be compensated for the difference in pay of
 what she earned and what she would have earned on the position of Chief Clerk
 to Engineer Track.

 Carrier on the other hand, contends that the Agreement was not violated. It states that the work of the vacationing employe was handled in accordance with Article 6 of the National Vacation Agreement. It asserts that it is not obligated to consult with the Local Chairman in the assignment during the absence of an incumbent on vacation.

 In the Maintenance of Way Department there are seven (7) clerical positions, three (3) of which are designated as chief Clerks. These three Chief Clerks positions are known as Two Star Positions. The filing of vacancies of Two Star Positions is provided for in Rule 2 (c) of the Agreement. It states:





The interpretation of Article 6 of the National Vacation Agreement has been considered numerous times by this Board. In Award No. 7330 we said:

        "There is much to be said for Carrier's position that the National Vacation Agreement, as interpreted, allows for some rearrangement of forces. Neither can fault be found with the general proposition that the Vacation Agreement is not to serve as a 'make work' device.


        "The expression, 'vacation relief workers' is defined is general terms by the National Vacation Agreement to mean all persons who fill the positions of vacationing employes. That definition, as interpreted, takes in regular employes who may be called upon to move from their job to the vacationer's job for the period of time during which the employe is on vacation.


        "A careful reading of the record out of which came the foregoing interpretation conclusively proves that, the needs of the service permitting, and rules not prohibiting, Carrier may utilize the services of regular employes for vacation relief even to the extent of moving a regular employs from his fob to the vacationer 7s ob for the period of time Burin which the employe is on vacation. Emphasis added


From the evidence, presented, it is apparent that there has been no precedent on this property requiring Carrier to consult with the Local Chairman in the filling of Two Star Positions account vacations. Further, Rule 2 (c) is an exception to the advertising rule and is applicable only when a position would be otherwise advertised and filled in that manner. Here, there is no language contained in this Agreement to obligate Carrier to advertise vacancies created by vacationing employes.

 For these reasons, this Board is of the opinion that there was no requirement to consult the local Chairman prior to filling a Two Star position when the regular incumbent is on vacation. Therefore, the claim is 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
                  Award Number 23437 page 3

                  Docket Number CL-23255


        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJU,STMBNT HOARD

                        By Order of Third Division


Attest:
        Executive Secretary


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