Joseph A. Sickles, Referee


(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:
                Baltimore sad Ohio Railroad Company - -- --


                STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GIr9016) that:


(1) Carrier violated the terms of the Agreement between the Parties when it failed and refused to use Mr. L. G. Mete, the senior, available, qualified employee, to fill a vacancy at overtime rate on Sunday, October 16, 1977, at Burnsville Junction, West Virginia, and

 (2) Because of such impropriety, Carrier shall compensate Claimant L. G: Metz-eight (8) hours' pay for the date of October 16, 1977.

 OPINION OF BOARD: The Claimant had submitted a request to work overtime on
 all positions, but on the claim date a leas senior employs
 was used. On the property, the Carrier defended its position by making,
 among -other defenses, that "... had the Claimant been used, it would have
 prevented him from working his own regular assignment the following morning
 wader the-Hours of Service Law#"

 A similar claim was presented to this Board and denied in Award 23532, sad that Award (between these same parties) disposes of this dispute.

        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 Employee within the meaning of the Railway Labor Act, as approved June 21, 1931+; .

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.

                      Award Number 23885 Page 2

                      Docket Number CL-23438

                      A W A R D


        Claim denied.


                            NATIONAL RAIIRQAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By -
 Rosemarie Breach - Administrative Assistant

 Dated at Chicago, Illinois, this 13th day of May, 1982.

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