Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Northwestern Pacific Railroad Company

(a) The Northwestern Pacific Railroad Company violated the current Clerks' Agreement when on September 29, 1975, and through November 14, 1975, the Guaranteed Extra Board at Willits, California, was being operated at 14.29%; furthermore,

 (b) Notwithstanding the fact that the Willits Guaranteed Extra Board was being operated at less than the required 15% quota, and the fact that furloughed employe, Mrs. L. G. Brown had advised Carrier in writing of her willingness to protect the extra board at Willits, the Company compounded its violation by showing Mrs. Brown as terminated as of October 2, 1975;

 (c) The Northwestern Pacific Railroad Company shall now be required to allow an additional eight (8) hours pay at the pro rata rate of the Guaranteed Extra Board, for each date as follows: September 29, 30; October 1, 2, 3, 6, 7, 8, 9. 10, 1,3, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31; November 3, 4, 5, 6, 7, 10, 11, 12, 1,3, 14, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28; December 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30, 31, 1975; January 1, 2, 5, 6. 7, 8, 9. 12. 13. 14. 15. 16, 1976 and all subsequent dates as filed in supplemental claims.

 (d) The Northwestern Pacific Railroad Company shall also be required to restore Mrs. L. G. Brown to service with all rights as though she had not been terminated.

 OPINION OF BOARD: There are two issues of record in this dispute. One
 concerns the method for computing the number of extra board
 positions at a given location, the other, whether Claimant, Mrs. L. G. Brown,
 forfeited her seniority under Rule 41(f) of the applicable Agreement.

 To resolve the dispute before us it is not necessary the Board make a determination on whether or not Carrier correctly computed the number of positions required to operate the Guaranteed Extra Board at Willits, CA. A dispute on that issue, whether real or imagined, cannot overcome the fact that at the time Claimant was recalled for service at Santa Rosa, CA, there was no available position open to her at Willits. The Carrier has the responsibility for establishing positions, and an individual employe cannot create a dispute on a real or imagined section of the Agreement and urge there is a position to go to in the exercise of seniority. Therefore, as it is undisputed that Claimant did
                      Docket Number CL-23788


not timely comply with the Carrier's recall order to protect work at Santa Rosa, and Rule 41(f) is self-executing as concerns the forfeiture of seniority and an employment relationship with the Carrier, this Board is compelled to deny Mrs. Brown's 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 Employer 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 AdjustmentBoard 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.
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