Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:



(1) The Carrier violated the terms of the Clerk-Telegrapher Agreement between the Parties when, on July 14, 1980, regularly assigned (11:00 PM to 7:00 AM) third-shift Operator C. Lay, Hamilton.. Ohio., Vhile on duty performing work of his regular position, was diverted to perform service as an extra employee at Cottage Grove, Indiana, 12 Midnight to 8:00 AM, and

 (2) As a result of such diversion, Carrier shall be required to compensate Claimant C Lay, regularly assigned third-shift Operator at Hamilton, Ohio, an additional eight (8) hours' pay at punitive rate for the date of July 14, 1980.

 OPINION OF BOARD: Operator C. H. Lay was regularly assigned at the Hamilton,
 Ohio, Depot, 11 P.M, to 7 A.M. On July 14, 1980, shortly
 after reporting for duty, Claimant was sent to Cottage Grove, Indiana, about 22
 miles away, to handle the necessary work at a temporary train order office that
 had to be opened because of a derailment. Claimant worked at Cottage Grove from
 midnight to 8 A.M. He was compensated at his regular rate of pay, straight time
 for the hours 11 P.M. to 7 A.M. and overtime for one hour 7 A.M. to 8 A. M. The
 Organization demands an additional 8 hours' pay at punitive rate for Claimant.
 In support of its demand the Organization cites following Rules of the Agreement:

 Rule 2 - Day's Work, simply provides that an employe is entitled to a minimum of 8 hours' pay for 8 hours of consecutive work, or less. Claimant received compensation for 9 hours on the date of the claim.

 Rule 1+ - Overtime. Rule 4(a), the pertinent provision herein, states that time worked preceding or following a regular 8 hour work period shall be compensated at time and one-half. Nothing in Rule 4(a), nor in any other subdivision of the rule, supports the demand for 8 hours' pay for Claimant's services at Hamilton and an additional 8 hours' pay for his services at Cottage Grove.

 Rule 24 - Short Vacancies Not Requiring Bulletin, deals with filling vacancies that are not advertised. Note (a) to Rule 24 allows an employe "to work a vacancy under emergency conditions when such vacancy cannot be filled in any other manner."
 must be denied.

 Award Number 244M
 ~~,.,
 Docket Number CL-24442

 Page 2

 The record shows that there was no position in existence at Cottage Grove during the hours involved, hence there was no "vacancy" to be filled. No other employes were available at the time of the emergency due to the derailment. However, even if there were a vacancy and had Claimant been treated as an employe removed from his regular assignment to fill a vacancy he was paid exactly as required by Rule 24 Note (a). (Award 22186-Twomey5.

 Since Claimant was paid correctly, his claim for additional compensation

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, as approved June 21, 1934;

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

A ii A R D
Claim denied.

 Attest: Acting Executive Secretary

NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 B
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 26th day of May 1983.
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