Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28277
 THIRD DIVISION Docket No. CL-28437
 90-3-88-3-326
 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:
 (Elgin, Joliet and Eastern Railway Company

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

1. Carrier violated the effective Telegraphers' Agreement when it failed to call Operator L. Elias for service on his rest days, July 16 and August 21, 1987, in preference to employes junior in service to Claimant.

 2. Carrier shall now compensate Mr. Elias eight (8) hours' pay at the time and one-half rate for each of these two dates."

 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 parties agree about the facts of this case and that the Agreement was violated. The question entitled to the overtime rate of pay for work not performed. The Board notes that it was unrefuted on the property that in the past the Carrier made payment at the straight time
In view of all of the foregoing, we hold that the appropriate rate of compensation for work not performed is at the pro rata straight time rate, and Claimant is entitled to such.
 Form 1 Award No. 28277
 Page 2 Docket No. CL-28437
 90-3-88-3-326




                          By Order of Third Division


Attest.
      Nancy J. e . - Executive Secretary


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