open. Thereafter, claimant continued to work the assignment as contemplated by that part of Section II(e) of the Extra Board Agreement, reading:
When Position 4F79-358 was annulled for the Thanksgiving Day holidays, November 22-23, 1990, claimant was continued on the assignment. However, when the position was annulled for the Christmas holidays, December 24-25, 1990, Claimant was reassigned to the Extra Board. on December 26, 1990, Claimant was called for Position 4F79-161, which he worked for the next three days. The organization maintains that Claimant improperly diverted from Position 4F79-358 to Position 4F79-161 on the three dates in question and that he is entitled to be compensated at the time and one-half rate for work performed on Position 4F79-161, rather than the straight time rate that he was paid.
Carrier argues that the vacancy on Position 4F79-358 ceased to exist when it was annulled on the Christmas holidays. Further, it argues that the rate paid Claimant for working Position 4F79-161 was $30.00 per day higher than the rate of the Office Porter position and that there is no basis under the Agreement for an Extra Board employee to be paid time and one-half for working Position 4F79-161.
Carrier is mistaken when it concludes that the annulment of a position because it is not needed on a holiday terminates the "duration of [the] vacancy," as contemplated by Section II(e) of the Extra Board Agreement. The vacancy existed before the holiday annulment and it existed after the holiday. When a regular assignment is annulled because of a holiday, the occupant is not moved to a different job. He returns to the assignment after the annulment. There is nothing in the Extra Board Agreement that suggests that a different result is contemplated or appropriate in the application of Section II(e). Accordingly, the Agreement was violated when Claimant was returned to the Extra Board while the vacancy in the Office Porter job continued.
On the matter of reparations, Carrier argues that there is no Agreement provision supporting the relief requested. The Office Porter position was assigned hours of 11:00 PM to 7:00 AM. The position Claimant worked on December assigned hours of 8:00 AM to 5:00 PM. On March 27, 1975, the parties entered into a Memorandum of Agreement which provided that: Form 1 Award No. 30027
In other applications, Carrier and Organization have acknowledged that Guaranteed Extra Board em "regularly assigned." Further, the Extra Board Agreement treats the Extra Board employee as a regularly assigned employee when it places the employee in the vacancy for the duration of the vacancy, in this case nearly two full months. Accordingly, when a Guaranteed Extra Board employee, assigned t duration of the vacancy, is used on another position outside the regularly assigned hours of the position he (she) has been assigned to fill, such employee is entitled to be compensated in the same manner as a regularly assigned employee used outside his regularly assigned hours.