Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28274
 THIRD DIVISION Docket No. CL-28235
 90-3-87-3-826
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (The Atchison, Topeka and Santa Fe Railway Company

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood

(a) Carrier violated the provisions of the current Clerks' Agreement at Medicine Lodge, Kansas, September 13, 1986, when it failed and/or refused to call J. M. Koehn to protect work lot part of any assignment on a rest day of RFO Clerk Position No. 6030, a five day assignment.

 (b) J. M. Koehn shall now be compensated eight (8) hours' pay at the rate of $103.44 for Position No. 6030, September 13, 1986."

 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.

The significant events leading to this Claim arose on Saturday, September 13, 1986. On that date, the Carrier assigned a Zone Extra Board employee to perform the duties of Clerk Position No. 6030, a five day assignment position with no re Claim, mainly relied upon Rule 14, Filling Short Vacancies and Rule 32, overtime and Calls of the pa June 3, 1980.
 Form 1 Award No. 28274
 Page 2 Docket No. CL-28235
 90-3-87-3-826

 After careful review, the Board finds that the Organization has met its burden mainly for the reasons presented is its letter of January 9, 1987. However, the record also shows that, on the property, it was never disputed that the Carrier has since 1980 used Zone Extra Board employees on days not part of any assignment, the same situation that caused this dispute. Here, the Board relies upon the Carrier's letter of March 4, 1987. In view of this Claim, the Carrier is now on notice with respect to the proper application of the Agreement. Accordingly, we sustain part (a) of the Claim and deny part (b).




                          By Order of Third Division


Attest: ~~ Loge
        ancy J. - Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1990.