Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26919
THIRD DIVISION Docket No. CL-26766
88-3-85-3-668
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The River Terminal Railway Company



1. Carrier violated the effective Clerks' Agreement when, on November 6, 1984, it failed to call Clerk Harry Heller for a short vacancy on a crew clerk position in accordance with said Agreement.

2. Carrier shall now compensate Mr. Heller for eight (8) hours' pay at the time and one-half rate of a crew clerk position for November 6, 1984."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



At the time this Claim arose, Claimant was the regular incumbent of a Crew Clerk position. Claimant's position was relieved on rest days by a regular established relief position held by J. Jordan.

November 6, 1984, was Claimant's rest day. On that date, the relief employee, Jordan, was absent due to illness. No qualified extra board employees were available to fi than calling Claimant to fill the position resulting from Jordan's marking off, the Carrier removed Chief Yard Clerk D. Novak from his position and required him to fill the vacant Crew Clerk position. The Carrier then called Extra Board Clerk G. Griner to fill the position vacated by Novak. Claimant maintains that since he was available he should have been called to fill the vacancy created by Jordan's absence. Claimant seeks compensation at the punitive rate.
Form 1 Award No. 26919
Page 2 Docket No. CL-26766
88-3-85-3-668







        (I) It will be optional with the Carrier to

        fill, partially fill or blank a position of an

        employe who is absent account his personal

        sickness and is receiving an allowance under

        this rule. If the Carrier elects to fill the

        vacancy, rules of the agreement applicable

        thereto will apply. The right of the Carrier to

        use other employes occupying positions coming

        under the scope of this agreement to perform the

        duties of the position of the employe absent

        under this rule is recognized.


                        RULE 64


                      EXTRA BOARD


                                    x


        (D) In providing relief on short vacancies of

        less than five (5) days or of an unknown dura

        tion, the following order of precedence will be

        observed:


            1. By using the extra board employes on a day to day (trick to trick) basis and on a rotating basis.


            2. If (1) above fails to provide an occu

            pant and employes on the extra board are

            not available or have completed their

            assignment that day, or their five assign

            ments that week, the relief shall be pro

            vided on a day to day basis by using the

            incumbent on his regular scheduled day off.


            3. If paragraph (1) and (2) fail to pro

            vide an occupant, the Company may use

            regular assigned employes (including extra

            board employes) on a seniority basis, from

            such employes who have an application on

            file to protect such service.

Form 1 Award No. 26919
Page 3 Docket No. CL-26766
88-3-85-3-668

The above Rules provide a very specific procedure for the filling of vacancies. When an employe is sick, Rule 53 gives the Carrier the option of filling, partially filling or blanking the position. If the Carrier chooses to exercise the option of filling the vacancy, then the "rules of the agreement applicable thereto w vacancy. The relief employee's absence presented a "relief on short vacancies less than five (5) days" thereby requiring the provisions of Rule 64 to apply. Rule 64(D)(1) first permits use of Extra Board employees. Due to lack of a qualified employee, the Carrier did not fill the vacancy from the extra board. Since the extra board did not produce an employee to fill the vacancy, Rule 64(D)(2) requires that "the relief shall be provided ... by using the incumbent on his regular scheduled day off." The incumbent was Claimant. Therefore, of the relief employee after the extra board did not provide an employee to fill the vacancy, the Carrier violated the specific requirement of Rule 640)(2).

The Carrier's argument that it had the right under Rule 53(1) to use employees occupying other positions to perform the duties of an absent employee does not change the when using employees under the Agreement to fill a vacancy as occurred in this matter as a result of the Carrier's exercising its option to fill a vacancy, Rule 53 still requires that the "rules of the agreement applicable thereto will apply." Hence, the Agreement's specific terms had to be followed, in this case the specific provisions of Rule 64. Any other interpretation would render the specific procedure agreed to by the parties in Rule 64 meaningless.

We shall therefore sustain the Claim. Under the circumstances, we shall require that Claimant be compensated at the straight time rate. See Third Division Award 26340.

                      A W A R D


        Claim sustained in accordance with the Findings.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        ancy J. aWt - Executive Secretary


Dated at Chicago, Illinois, this 30th day of March 1988.