THIRD DIVISION Docket Number CL-24516


                        W. S. Coleman, Referee


      (Brotherhood of Railway, Airline and Steamship Clerks,

      ( Freight Handlers, Express and Station Employes

      PARTIES TO DISPUTE:

      (The Baltimore and Ohio Railroad Company


                    STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9563) that:


    (1) Carrier violated the terms of the Agreement in effect between the Parties when, on November 18, 1979, it diverted Mr. G. L. Shoots from his regular assignment of Operator-Clerk postion C-316 (3:00 PM to 11:00 PM, UN Office, Brunswick, Maryland, to Block-Operator Handling Switches position C-312 (3:00 PM to 11:00 PM), WB Tower, Brunswick, Maryland, and it failed to compensate him in accordance with Agreement rules, and


    (2) Carrier shall compensate Claimant G. L. Shoots an additional eight (8l hours' pay at pro rata rate ($68.92), representing the difference in the compensation received and the proper compensation due for such diversion by Carrier on November 18, 1979.


    OPINION OF BOARD: Claimant G. L. Shoots is the regularly assigned Operator-Clerk

'1 on the 3:00 P. M. to 11:00 P. M. shift at UN Office, Brunswick,
    Maryland. On November 18, 1979, Claimant was diverted from his position to fill

    the position of Block-Operator at the WB Tower. Organization contends that Claimant

    was diverted from his regularly assigned position to another job in violation of

    the Agreement. Organization asks that Claimant be reimbursed an additional eight

    hours' pay at the pro rata rate for the diversion. Organization relies on Rule

    24 of the Agreement for its support, just as the Carrier does for support of its

    case. The Note to Rule 24 reads in pertinent part as follows:


            "NOTE: (a) The parties agree that an employee may be held off or removed from his assigned position to work a vacancy under emergency conditions when such vacancy cannot be filled in any other manner. The involved employee is entitled to his regular rate, or the rate of the vacancy, whichever is higher, with a minimum of eight (8) hours, and penalty rate for all hours worked outside of his regularly assigned hours.


            (b) An employee held off or removed from his regular position and required to fill a vacancy other than as outlined in the first sentence of paragraph (a) of this note is entitled to a minimum of eight (8) hours' pay at pro rata rate for each position.ff


    The issue here is whether what took place constitutes an emergency, as contemplated under Note (a), or whether Note (b) controls in this situation. Carrier contends that Claimant was the only qualified man available who could cover the WB Tower position and that position had to be covered. We see nothing

    -1 in this record to persuade us otherwise. Note (a) is controlling in this instance and the claim should be denied.

                    Award Number 25382 Page 2

                    Docket Number CL-24516


        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 Employs 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 ADUUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Nancy ver - Executive Secretary


Dated at Chicago, Illinois, this 15th day of April 1985.

LABOR MEMBER'S DISSENT TO

AWARD 25382 , DOCKET CL-24516

(REFEREE W. S. COLEMAN)


The majority has erred in this instance. The record presented before this tribunal clearly indicates that no emergency situation existed when the Claimant was required to fill a vacancy under other than emergency conditions. Therefore, he is entitled to eight (8) hours compensation at the pro rata rate for his regular assignment from which diverted and an additional eight (8) hours at the same rate for the position worked, in accordance with Rule 24, Note (b).

 Award 25382 is in error and is contrary to Awards 22271 and 23215 involving the same parties.

                            p

                      William R. Miller, Labor Member


                      Date A*_-; i93 ' 39.85·