Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION

 Award No. 33503
 Docket No. CL-34842
 99-3-98-3-554

 The Third Division consisted of the regular members and in addition Referee Robert G. Richter when award was rendered.

 (Transportation Communications International Union

 PARTIES TO DISPUTE:

 (Springfield Terminal Railway Company

 STATEMENT OF CLAIM:

 "Claim of the System Committee of the Organization (GL-12120) that:

This Claim is filed on behalf of Mr. Richard Knox, TSR, North Billerica, Massachusetts. This Claim is for June 22, 1997, and June 27, 1997, at the rate of eight (8) hours time and one-half.


The Carrier violated the Agreement when it allowed a junior Employee, Mr. John Vasquez, to cover the 0700 Clerk's position at East Deerfield Yard on the above-listed dates, when on June 18, 1997, Mr. Vasquez was awarded Holyoke Agent's position in North Billerica, Massachusetts.


The Carrier Rules violated are 11.1, 11.4, 18A.2, and all other rules of this agreement.


This Claim is valid and must be paid."

 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.
 Form 1 Page 2

 Award No. 33503
 Docket No. CL-34842
 99-3-98-3-554

 This Division of the Adjustment Board has jurisdiction over the dispute involved

 herein.

On June 22 and 27, 1997 a vacancy existed on the 7:00 A.M. Clerk position at East Deerfield Yard. The Organization has filed this claim because an employee junior to the Claimant was used to fill the vacancies.


The Carrier responded to the claim by stating the Claimant requested that he not be called on Sunday, June 22. On June 27 Carrier states it did not have a qualified employee to fill the Claimant's position. Therefore, in accordance with Rule 21.1 it did not have to use the Claimant on the vacancy.


The Organization never disputed the Carrier's position in the handling of this claim. Accordingly, it failed to meet its burden that the Agreement was violated.


AWARD
Claim denied.

 ORDER
This Board, after consideration of the 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 22nd day of September 1999.

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