(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (Chicago, Milwaukee, St. Paul and Pacific Railroad
 Company


1) Carrier violated the Clerks' Rules Agreement at Bensenville, Illinois when it permitted a furloughed unassigned employe to request a vacation vacancy in lieu of using a regular employe to avoid the payment of overtime.
2) Carrier shall now be required to compensate Employe Ronald E. Moellenbrink eight (8) hours pay at the time and one-half rate of Train Clerk Position 04370 for dates of July 27, 28, 31 and August 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, and 15, 1982.
OPINION OF BOARD: Employe Dron was displaced from her regular assignment
 July 6, 1982, and moved to a temporary vacancy rn R-14 July 8th. Prior to the completion of that assignment, she requested and received Carrier permission to move to a third trick vacation vacancy commencing July 27, 1982. Organization contends that Claimant, with more seniority than Dron and regularly-assigned occupant of a Train Clerk position, should have been assigned to work the third trick position on an overtime basis and that Carrier violated the Rules Agreement at Bensenville when it assigned Dron, whom he contends was a furloughed, unassigned employe, to the vacation vacancy. Claimant seeks 8 hours pay at time-and-one-half as compensation for overtime lost as a consequence of the failure to assign him the 15-day vacation fill-in assignment. He continued to work second trick.
Rule 9 and Note 1 thereof state that temporary vacation vacancies, if filled, will be assigned to the "...regularly assigned employer in the seniority district making request thereunder... on the basis of seniority, fitness and ability ...." The request, according to this Note, is to be made in writing with the Officer having supervision over the position involved and, most significantly, must be made "...at least twenty-four (24) hours in advance of the time he expects to commence filling the temporary or vacation vacancy."
                    Docket Number CL-25707


The Note, referring to Rule 9(h), states that when a regularlyassigned employe is assigned (unless disqualified) "...must remain on that position for the duration of the vacatirn or until the position is bulletined and assigned either as a temporary or permanent vacancy ...."

 The Organization contends that, since Dron had exercised her
 seniority July 8th to a temporary vacancy, she was not a regularly-assigned
 employe and therefore under the aforementioned Rule 9, Abte 1, could not
 properly request the temporary vacancy on third trick. Although Dron was
 not, at the time she moved to the third trick position, a regularly-assigned
 person in R-14, the evidence shows that Claimant did not make the required
 request to fill that vacancy. Neither Claimant nor Dron met the assignment
 requirement.
 Such a request is a contractually agreed upon precondition for
 entitlement to the assignment and, irrespective of Carrier's improper
 assignment of Dron, without having made the request, Claimant is not entitled
 to a make whole remedy.
 While the Board finds a violation of Rule 9(g), the claim for
 compensation by Claimant is denied.
 FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record
 and all the evidence, finds and holds:
 That the parties waived oral hearing;
 That the Carrier and the Dnployes 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
 That the Agreement was violated.
 A W A R D
 Claim sustained in accordance with the opinion.
 NATIONAL RAILROAD ADJUSTMENT HOARD,'
                                                    i E. J

                            By Order of Third Division t~ y

                            w


Attest:
        Nancy J r - Executive Secretary


Dated at Chicago, Illinois, this 22nd day of August 1985.