"Claim of the System Committee of the Organization (GL-11232) that:

1. Carrier violated the Agreement between the Parties when on July

9, 1995, it failed to call Clerk B. G. Barclay, Centralia, Illinois, to

fill a short vacancy on Position No. 1951 thereby violating Rules 9,

33, The Guarantee Extra Board Agreement, and others of the

Clerks Agreement.

2. Carrier shall now be required to compensate the Claimant eight

hours at the time and one-half rate amounting to S 197.7.1."

Parties to said dispute were given due notice of hearing thereon.

The Parties are in agreement on the pertinent facts. On Wednesday, July 5, 1995 Clerk E. W. Fizer commenced a scheduled vacation from Position No. 1951 at Centralia, Illinois. That position entailed regular hours of 3:00 P.M. to 11:00 P.M. with Mondays and Tuesdays off. Clerk B. H. Barclay, incumbent of Position No. 7012 on the Guaranteed Extra Board at Centralia, was called to work Fizer's shift on July 5, and worked it again on July 6 and 7. Barclay previously had filled vacancies on Position 1954-4 on July 3 and 4, and thus by Friday evening, July 7, had worked five eight-hour shifts on Positions 1954-4 and 1951.

On Sunday, July 9, Carrier called in Clerk J. W. Cragen from a day of rest to work Fizer's shift. On July 19, the Organization presented a claim for eight hours at time and one-half alleging that Carrier had violated Rule 9, Filling Short Vacancies, when it failed to use Claimant to work Fizer's regular shift on that date in lieu of Cragen. Carrier asserts that the Claimant was not entitled under Rule 9 to fill the vacancy on Position 1951 on July 9. The relevant provisions of Rule 9 are as follows:

"ARTICLE 1X- FILLING SHORT VACANCIES

Rule 9 of the Schedule Agreement is amended to read as follows:

(b) When short vacancies (including vacation vacancies) occur or a position is vacant pending bulletin, it may be filled or blanked.

(c) If the company elects to fill the position by calling an additional employee, the procedures described in paragraphs (d) or (e) will apply.

(d) In filling short vacancies as specified above, the following procedure shall be used:

(i) By the senior qualified extra employee who is available at the pro rata rate. Extra employees will not be used for service at points other than their headquarters points, unless they have made written request to be called in line with their seniority for vacancies at other specified locations. An extra employee is considered `available' for one full tour of dutv on each calendar

The Organization maintains in its Submission that Carrier called Clerk Cragen to fill Position 1951 on both Saturday, July 8 and Sunday, July 9, and violated Rules 9 and 33 by doing so. Its original claim, however, is confined to eight hours pay for July 9, and alleges only a Rule 9 violation. Accordingly, because the Board is required to limit its review to matters raised in case handling on the property, we must disregard the inclusion of the July 8 date and the Rule 33 contention as improper expansions of the claim.

The Board finds that Clerk Barclay, having filled Fizer's shift on Wednesday, Thursday and Friday after doing two earlier turns that week on Position 195:1-4, had completed his 40 hours for the week from his Extra Board assignment. Because

Claimant Barclay began and ended his workweek by filling positions from the Extra Board, and not by assignment to fill a position for a five day vacation period, Rule 9 (d) (iii) had no application to him on Sunday, July 9 - a day undeniably part of Fizer's regular assignment, not part of a relief assignment. Under the circumstances presented here, Clerk Cragen, the senior available employee regularly assigned to the position and off duty on the disputed date, was properly called on a regular day of rest to rill Position 1951 at the time and one-half rate under Rule 9 (d) (iv).

AWARD