Rodney E. Dennis, Referee


(Brotherhood of Railway, Airline and 9teemehip Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: ( (The Belt Railway Company of Chicago

                STATWN'1' OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9327) that:


1. Carrier violated the effective Clerks' Agreement when on May 14 and 21, 1979, it employed the services of outsiders, having no antaaedeat seniority and no employment relationship with the Carrier to perform work reserved exclusively to employes eovexed by vine scope of the Agreement;

 2. Carrier shall now compensate Clerk P. Trudenu for eight (8) hours' pay at the time std one-half rate of Position X25 far each of the above dates.

 OPINION (&' HOARD: On may 14 and May 21, 1979, the regular clerk assigned to
 position X25 is the General Superintendent's Office was off
 work due to illness. The Organization alleges that Carrier filled these vacancies
 with outsiders who were not employee of the railroad, in violation of the scope
 rule of the Schedule Agreement. The Organization therefore filed a grievance
 alleging that Clerk P. Trudesu should have been called to fill position #25 on
 both May 14 and May 21, It has requested that two days' pay at the time-and
 one-half rate be awarded to Clerk Trudeau.

 Carrier contends that position X25 was b7.anked on May 14, 1979, and that on May 21, 1979, it hired n temporary employs from an employment service only after it had attempted to fill the position from the desk's seniority roster. Carrier argues that Claimant was scheduled to work the 3:00 p.m. to 11:00 p.m* shift on May 21, 199, and that position #25 was an 8:00 a.m. to 4:30 p.m. position. Claimant could not have worked position X25 and still bees available to fill her regular position. Therefore, she was not called. Carrier also argues that no other clerks on the roster were qualified to cover position #25 and no clerks were furloughed at the time. Since no clerks from the roster were available, Carrier wed to as outside agency to obtain a temporary employee as it had done many times is the peat.

 This Board has reviewed the record of this case sad moat conclude that Carrier had Schedule support for hiring a temporary employs under the facts of this case. The Agreement does sot require Carrier to call an outof-line employs in such a s
                      Award Number 23562 Page

                      Docket Number CL-23816


of March 30., 196b., gives this Board further guidance on that point. It specifically states that as employs will not be regarded as available to fill a vacancy if his or her regular aseignmnt would begin before the expiration of the eight hours
Claimant's regular shift began at 3:00 p.m. Position #25 did not terminate until 4:30 p.m. This overlap disqualified Claimant as an applicant for the call. Carrier asserted that no other clerk from the roster was qualified or available to fill the position sad the Organization did not refute this statement. Give had the right under Rule 10 of the Schedule Agreement to hire on a temporary basis an employs not covered by the agreement.

        This Board can find no fault with Carrier's actions in this case.


        Fl'MntGS: The Third Division of the Adjustment Boards upon the whole record and ell the evidences finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Lobar Acts 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 p R D


        Claim denied.


                            NATIONAL RAILROAD AWU67KM BOARD

                            By Order of Third Division


                                              -~,.


ATTEST: Acting Executive Secretary ,,~ (~, ~ C t I 1~ J\>,
 National Railroad Adjustment Board
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                                          c~o Crrice 'oemeaie Breach - Administrative Assistant


Dated at Chicago Rlinoiso this 10th day of March 1982.