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                        'THIRD DIVISION Docket Number CL-23430


                          Joseph A. Sicklesp Referee


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

          PARTIES TO DISPUTE _

                        (Maine Central Railroad Company

                        Portland Terminal Company


                        STAT51ENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9271) that:


          1. Carrier violated the current Clerks' Agreement dated March 1.. 1953, as amended., when it used a junior employee- to fill and cover a vacancy on the first trick,, yard clerk's position Saturdayo May 28j, 1977,, in its yard at Bangor, Maine.


          2. Carrier shall compensate claimant, H. W. Pomeroyj, eight (8) hours pay at punitive ratep yard clerk's position., Saturday., May 28p 1977, rated $52.4148 per day.


          OPINION OF BOARD: First shift Yard Clerk (Spellman) was on vacation on

          May 28, 1977. The other first shift Yard Clerk (Hartery) was instructed to cover Spellman's position.


          Although both Spellman and Hartery work on the second floor in the tower., from 7:00 a.m. to 3:00 p.m.., Spellman receives $52.4148 per days whereas Hartery receives $50.04.


          The Claimant (Pomeroy),, who is a senior employee was not called to cover the vacancy,, and the Organization asserts that said failure results in a violation of certain specified provisions of the agreement.


                  On the day in question, the Claimant was on his rest day.


          The Organization has relied upon Article 10(b) - among others - of the agreement:


                  "ARTICLE 10


                  (b) Where work of vacationing employes is distributed among two or more employes,, such employes will be paid their own respective rates. However., not more than the equivalent of twenty-five per-cent of the work load of

                    Award Number 23441 page 2

                    Docket Number CL-2343o


        "a given vacationing employe can be distributed among fellow employes without the hiring of a relief worker unless a larger distribution of the work load is agreed to by the proper local union committee or official."


The Carrier denies that that rule is applicable to these circumstances because the job duties on Saturdays at the Yard Office are common to both clerk assignments. Moreover, the Carrier notes that under Article 12(b), employes exercising vacation privileges, when absent from duty, do not create "vacancies" in their positions under the agreement. In any event, that section of the agreement only requires that "an effort" will be made to observe the principle of seniority.

 Under the record of this case, we are unable to find that there was a violation of the agreement when a regular incumbent of a position performed the work on the day in question, even though the other Yard Clerk was away from his duties because of vacation. Accordingly, we will deny the claim.

        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 Employes 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 3rd day of NovembexrlR$1C
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