Irwin M. Liebermans Referee


(Brotherhood of Railways Airline and Steamship Clerks,, ( Freight Handlers., Express and Station Employes PARTIES TO DISPUTE: (Missouri-Kansas-Texas Railroad Company

              STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9405) that:


1. The Missouri-Kansas-Texas Railroad Oampany violated the rules of the current Agreement between the parties, DP-451, including but not limited to Section 1 of Addendum No. 1 (Extra Board Agreement) at Fort Worth, Texas, when on August 10, 1979,, it returned Clerk L. L. Stanfield to his regular assignment when he had not been physically displaced by the return of the regular assign 4399.

 2. Carrier shall compensate Clerk C. A. Johnson for two (2) days' pay at the pro-rata rate of Relief Clerk Position No. 1 for time lost during the period of August 10 through September 2, 1979,, account being removed from a hold-down of that position in violation of DP-451.

 OPIr1ION OF BOARD: This dispute deals with a series of displacements involving
 six different positions over a two month period. During
 the handling of this dispute on the property, Petitioner contends that Claimant
 Johnson lost work opportunities on Relief Position No. 1 during five days in
 August 1979 and one day in September. Yet the Claim herein asks for two days
 compensation far time lost during the same period. There is no explanation
 in the record to indicate the days for which pay is claimed.

 A study of the record indicates that in the series of moves made for the various open positions., the only bona fide hold-down occurred on August 13s 1979 when Clerk Steele placed a hold down on the Live Stock Clerk position at Fort Worth. Texas. At that time Claimant Johnson had already been returned to the Extra Board (on August 11) immediately following the observance of two rest days. The earlier vacancies were all of short duration and not expected.

 The Board concludes that even without consideration of the disputes concerning the facts, there appears to be no merit in this Claim. That conclusion is grounded first there appears to be no evidence that Carrier violated the Agreement with respect to Claimant.
                  Award Number 24204 Page 2

                  Docket Number CL-24085


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.4 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


Dated at Chicago.. Illinois.. this 14th day of March 1983.
                                        / r,C: C