"Claim of the General Committee of the Brotherhood of Railroad Signalmen on the CSXT, Inc. (B&O):

1. Claim on behalf of R. L. Spencer, for payment of fourteen (14) hours pay, at his punitive rate of pay, account of Carrier violated the current Signalmen's Agreement, as amended, particularly, the National Vacation Agreement, Section 10, paragraphs (a) and it paid him less than he would have earned on his regular position, on August 8th, 9th and September 5th, 6th and 11th, 1990." Carrier's File No. 15(90-81). BRS Case No. 8498-CSXT.B&O).

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 employe 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.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant, a Lead Signalman at Carrier's Savannah Signal Shop, was required under Rule 4 of the Agreement to relieve his vacationing Foreman during the periods August 8-11 and September 512, 1990. The Organization claims own normal compensation because of allegedly working sixteen hours of uncompensated overtime, thus violating Articles 10(a) and (c) of the Vacation Agreement.

Articles l0(a) and (c) read in pertinent part as follows:

"(a) An employee designated to fill an assignment of another employee on vacation will be paid the rate of such assignment or the rate of his own assignment, whichever is the greater;...

(c) No employee shall be paid less than his own

normal compensation for the hours of his own

assignment because of vacations to other employees."

"Claimant Spencer's earnings would have been $0.80 greater if he had been paid at his own rate for relieving the vacationing foreman August 8-11; therefore, we are arranging payment of the $0.80...."

A W A R D