George S. Roukis, Referee


(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE :
                Maine Central Railroad Company (Portland Terminal Company


STATEMENT OF CIAIM: Claim of the System Committee of the Brotherhood (GL-9507)
                that


(i) Carrier violated the Agreement between the parties, February 18, 1980, (Holiday) when it required junior employe to work on said date.

 (2) Carrier shall compensate Mrs. J. F. Ferro, Clerk, Freight Office, Waterville, Maine, eight (8) hours at punitive rate of pay $12.434$ per hour, February 18, 1980, account her position was worked on said date and also of the two (2) employee working in said department she is the senior employe.

 OPINION OF BOARD: The Claimant in this case was regularly assigned as Relief
 Clerk #1 at Waterville, Maine. On Mondays she was scheduled to work at Waterville Freight Office 8 A.M. to 5 P.M. - 1 hour meal period (12N-1Pa). On Monday, February 1$, 1980, a holiday, Claimant did not work but was allowed 8 hours holiday pay. Also at Waterville Freight Office there is a Clerk-Typist assignment which was scheduled to and did perform service on the holiday. The dispute is this case centers around the use of the Clerk-Typist rather than Claimant.

 The Employees allege that inasmuch as Claimant was the senior employee, she should have bees permitted to work on the holiday.

 Carrier, on the other hand, contends that the mayor portion of the walk necessary to be performed was demurrage work which is the primary duty of the Clerk-Typist position. '

 The applicable Rule in this dispute is Rule 20 - HO'~IDAYS - which reads in pertinent part as follows:

          "Section IV - Holiday Service

        Only such employee as are in the judgement of the Management, absolutely necessary to take care of current business shall be required to work on the following holidays:


            January 1, February 22, April 19, May 30, July 4, Labor Day, Armistice Day, Thanksgiving Day, and December 25. (When any of the above holidays falls on Sunday the day specified by the State, Nation or Proclamation shall be considered the holiday.)

                        Award Number 24044 Page 2

                        Docket Number CL-24245


        Any rules of the current Agreement, including Addeadaj, Memorandums of Agreement, Letters of Understanding, AgreedTo Practices, etc,, is conflict with this Agreement are hereby either eliminated or modified to conform hereto."


This Rule 20; when read in its entirety, is apparently peculiar to this property. It may very well be - and we make no ruling thereon - that on some other property this claim might have merit. However, from the language of this Rule on this property we cannot find that any violation has occurred. The claim must be 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 Employes involved in this dispute are respectively Carrier and Employee 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: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
        Rosemarie Brasch - Administrative Assistant G ~ r

        V

Dated at Chicago, Illinois, this
 29th daY of November 1982.,
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