"Claim of the System Committee of the Brotherhood (G-10548) that:

1. Carrier violated the Agreement on July 5,

1988 when Trainmaster C. G. Browning gave 8530-05 called for 0130 on July 5, 1988, permission to pass a positive block between Aulon and Leewood doing work otherwise done by the third shift Operator whose position was blanked account the July 4th Holiday but who was available for work. if needed.

2. As a result of the above violation, Carrier shall compensate the Senior Available Clerk, extra in preference, one (1) day's pay at the applicable rate, being the third shift Operator's rate at RS Leewood, Tennessee."

"RS" Tower at Leewood Yard, Memphis, Tennessee, was shut down on July 4, 1988, a national holiday. Prior to closing the Tower for the holiday, Operators were instructed to leave switches controlled by "RS" in a certain configuration when going off duty. At 1:30 A.M. on July 5, 1988, a train departed Leewood Yard and proceeded by the Tower without having to manipulate the track alignment. There was no Operator on duty at the time because the third trick was still observing the holiday. This Claim was filed contending that the Agreement was violated when the Trainmaster gave permission to pass a positive block controlled by the Tower.

The Board is not persuaded that the Claim has merit. An issue quite similar to this, involving the same Tower, was decided in Award 43, Public Law Board No. 3545. That decision is controlling here.

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