Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION

 Award No. 33176
 Docket No. CL-33711
 99-3-97-3-161

 The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

 (Transportation Communications International Union

 PARTIES TO DISPUTE :

 (National Railroad Passenger Corporation (AMTRAK)

 STATEMENT OF CLAIM :

 "Claim of the System Committee of the Organization (GL-11710) that:

The following claim is hereby presented to the Carrier by Claimant, Brian Jeffers, account the Carrier violated Rules) 14F and other rules of the July 21, 1972 agreement between Amtrak and TCU, including all revisions, when they assigned and permitted Andrew Pelletteri to perform the duties on position symbol CCR-5, tour of duty 5:00 am - 2:00 pro on October 25 and 26, 1995, in the Commissary at Rensselaer, NY.


Claimant now be allowed 8 hours of pay for each date at the rate of time and one-half, based on the pro-rata daily rate of $116.00 due to this violation.


Claimants regular position is Commissary Clerk, tour of duty 5:00 am - 2:00 pm at the rate of pay of $116.00, at Rensselaer, NY.


Claimant was qualified, was ready, willing and able to perform the duties claimed, had the Carrier permitted him to do so. Mr. Pelletteri was awarded Job Symbol MBER-2 effective October 20, 1995 and was then awarded Job Symbol COMR-3 effective October 27, 1995.


This claim has been presented in accordance with Rule 25 of the above mentioned Agreement and should be allowed."

Form 1 Page 2

 Award No. 33176
 Docket No. CL-33711
 99-3-97-3-161

 FINDINGS:

 The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

This case is a companion case to Third Division Award 33175. For the reasons set for in that Award, the instant claim is also denied.

 AWARD
Claim denied.

 ORDER
This Board, after consideration ofthe dispute identified above, hereby orders that an award favorable to the Claimants) not be made.

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 Dated at Chicago, Illinois, this 25th day of March 1999.