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


1. Carrier violated the Agreement when on July 18, 1980, it abolished a contract PBX position at Richmond, Virginia, and transferred the duties to employes not covered by the Agreement, and
2. As a consequence thereof, Carrier shall compensate Mrs. Jane
 Gallion eight (8) hours at the PBX rate beginning July 21, 1980, and each subsequent
 date, less compensation received. In addition, compensate the senior available
 unassigned employee eight (8) hours beginning July 21, 1980, and each subsequent
 date.
OPINION OF BOARD: This dispute concerns assignment of employes to work on
 the PBX telephone switchboard in the General Office Building
 of the former Seaboard Air Line Railroad in Richmond. After the merger of the
 Seaboard Air Line Railroad and the Atlantic Coast Line Railroad, the switchboard
 continued to be operated by excepted employes. Under the December 16, 1972
 Agreement between the Carrier and the Organization, the parties reached accord
 as to coverage of the switchboard positions (among others) for the future. The
 Agreement reads in pertinent part as follows:


                    Docket Number CL-24339


Upon the occasion of one switch board position becoming vacant, Claimant Jane Gallion exercised seniority to the vacancy and served in the now fully covered position.
On June 2, 1980 Gallion requested transfer to the Freight Claims Department, and this request was granted on July 21, 1980. This new position (filling a temporary vacancy) ended in August 1980, and Gallion initially requested return to her original seniority district. Subsequently, however, she advised the Carrier on September 17, 1979 that she "wished to be considered furloughed" from the Seniority District of the Freight Claims Department.
Returning now to the switch board positions, they were as follows on July 18, 1980 just prior to Gallion's departure:
                          7:30 a.m. to 4:30 p. m. -- Incumbent, Doris Napier, Excepted Position


                          8:00 a.m. to 5:00 p.m. -- Incumbent, J. Hudson, Excepted Position


                          9:00 a.m. to 6:00 p. m. -- Incumbent, Gallion, Fully Covered Position


With Gallion's voluntary departure, the Carrier determined that two full-time switchboard operators would be sufficient (coincident with the continuing decline in number of telephones in the building).
The hours for Napier remained unchanged, but,those for Hudson were changed from 8:00 a. m. - 5:00 p.m. to 9:00 a.m. - 6:00 p.m.
The Organization makes two alternate arguments: first, that the 9:00 a. m. - 6:00 p.m. position was a fully covered one and must continue to be so by filling it with a fully covered employe rather than an excepted employe; second, in the alternative, the switchboard work from 5:00 p.m. to 6:00 p.m. was performed by a fully covered employe and cannot revert to an excepted employe.
There can be no dispute that the positions as Switchboard Operator are covered by the Organization. The only exception provided by the December 16, 1972 Agreement is the preservation of rights to excepted employes incumbent in the positions (of which there remained two in July 1980). Further, there can be no dispute that the Carrier may properly determine the number of employes it requires as Switchboard Operators. The Board may not require the Carrier to have more than two full-time Switchboard Operators beginning July 21, 1980. To achieve the level of two operators, it was unnecessary to displace any employe -- owing to Gallion's voluntary move from the position. The rights of the two excepted incumbents vs. fully covered incumbent Gallion are not at issue.
                    Award Number 24580 Page 3

                    Locket Number CL-24339


Given the absence of any displacements, does the fact that one of the two Switchboard Operators is now assigned to 9:00 a.m. to 6:00 p.m. (Gallion's former hours) require that position to be given to a fully covered employe? Even more narrowly, is the Carrier required to use a fully covered employe between the hours of 5:00 p.m. to 6:00 p.m., formerly worked by a fully covered employe?
The Board concludes that these questions must be answered in the negative. The work of all switchboard positions is identical here, even if performed at slightly different hours. _If the Carrier determined to retain three operators upon Gallion's departure, the replacement would, of course, be a fully covered employe. This, however, is not what happened. Upon Gallion's voluntary departure, the Carrier exercised its right to retain only two positions. The December 16, 1972 Agreement preserves the rights of the two incumbent excepted employes. That hours of work were modified by one hour does not change the nature of the work involved.
Except for retention of the original incumbent excepted employes, the Organization achieved full coverage of the switchboard positions. Gallion, having left voluntarily and having later sought furlough from her new position, has no claim to return. The assignment of a fully covered employe in place of one of the two incumbents is barred by the Agreement. The fact that the schedule of one of the two operators was changed by one hour is without significance.
with these conclusions, the Board sees no need to examine many other arguments raised by the Carrier and the Organization.
        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 Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the disoute involved herein; and
        That the Agreement was not violated.

                    Award Number 24580 Page 4

                    Docket Number CL-24339

                    A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest: s
 Nancy J. r - Executive Secretary
Dated at Chicago, Illinois this 15th day of December 1983.