Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28578
 THIRD DIVISION Docket No. CL-28399
 90-3-88-3-168
 The Third Division consisted of the regular members and in
 addition Referee John B. LaRocco when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (Chicago and Illinois Midland Railway Company

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

1. Carrier violated the TCU (formerly BRAC) Agreement on the date of June 30, 1987 at Shops, Illinois, when it called Mr. M. R. Williamson to fill 11:00 P.M. to 7:00 A.M. June 29, 1987, Telegrapher/Leverman position and subsequently refused to pro the Rules of the Agreement.

 2. Carrier's action was violative of the Agreement between the parties, expressly Rule 37 contai
3. Carrier shall now be required to allow Mr. M. R. Williamson the difference between compensation allowed of six (6) hours fifty-five (55) minutes and that of eight (8) hours at the straight time rate of position worked, 11:00 P.M. to 7:00 A.M. Telegrapher/Leverman for claim date of June 30, 1987."

 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.

Claimant, an employee on the Guaranteed Extra Board, filled a position at Havana, Illinois, from in the day, the Carrier called Claimant to protect a third shift Telegrapher/ Leverman position at Shops Tower. The normal hours for the third shift are
 11:00 P.M. to 7:00 A.M.Since Claimant was not rested under the Hours of
 Form 1 Award No. 28578
 Page 2 Docket No. CL-28399
 90-3-88-3-168

 Service Law until 12:05 A.M., the Carrier held over the second shift Leverman and directed Claimant to report at 12:05 A.M. on June 30, 1987. Claimant performed service for six h Claimant for the precise time he actually worked. Claimant seeks an additional one hour and five min
Once the Carrier calls an extra employee and he reports to work, Rule 37, the Day's Work Provision, obligates the Carrier to compensate the extra employee a minimum of eight hours of pay at the straight time rate even if he works fewer than eight hours. See Third Division Awards 25504 and 24306. Here, Claimant was called to fill out an eight hour vacancy. Although the Carrier had good reason for directing Claimant to report after the commencement of the third shift, pay. See Third Division Award 26539.




                          By Order of Third Division


Attest:
      Nancy J. v - Executive Secretary


Dated at Chicago, Illinois, this 16th day of October 1990.