Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 38083
 Docket No. CL-39139
 07-3-05-3-595

 The Third Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.

 (Transportation Communications International Union PARTIES TO DISPUTE:

STATEMENT OF CLAIM:





Form 1 Award No. 38083
 Page 2 Docket No. CL-39139
 07-3-05-3-595
 tickets on specified days of the week and that on Saturdays and
 Sundays she would work in the Accounting office to go over the
 regularly assigned Ticket Seller work, balance the office work, and
 then send the Accounting Office work to the Main Accounting office
 located in Philadelphia, PA. She could not perform this work this
 day due to being diverted to sell tickets. In diverting Williams the
 Carrier circumvented the Overtime rule of not calling the senior,
 available, qualified employee from which the Extra Board would
 have jurisdiction of vacancies, Territory to cover vacancies, that
 exist from this Work location.
 The regularly assigned position (Job Symbol No. TC/TAC-1) in the
 Accounting Office Description of Duties states, "Travel and Train
 Information will be dismissed at Ticket windows when retired."
 Williams Description of Duties also states the same and the
 Preponderance of the position on Saturdays and Sundays is:
 Accounting Work.
 When claimants local representative met with the Carriers manager
 to resolve claim without having to write a claim and that claimants
 representative pointed out the description did not include selling
 tickets - the Carrier representative said yes, it does - it is exactly like
 the positions at New York Penn Station Accounting Office Clerks
 Job descriptions. This is Untrue. Included is a copy of one of the
 Descriptions of a NY Penn Station, Symbol TC/TAC-4 which states
 (in the Carriers) unauthorized position at this location - which reads
 in part "Employees will personally wait on customers and sell tickets
 when the work load demands.
 The Carrier clearly had a known vacancy that day and to
 circumvent the established way of calling out vacancies at overtime -
 deliberately did not call out claimant to avoid paying out Overtime
 for the vacancy.
 Claimant Win Fortune would have accepted the call, worked the
 vacancy, and would have been paid at the punitive rate of pay of
 Form 1 Award No. 38083
 Page 3 Docket No. CL-39139
 07-3-05-3-595
 eight (8) hours for work performed. He was not given a first/second
 call for his interest in the work. Claimants representative did
 request from the Carrier a call-out sheet for the vacancy - no call out
 sheet was made out according to the Carrier that day - because no
 overtime was filed for this position.
 This claim has been presented in accordance with Rule 7-b-1of the
 NEC Agreement in Accordance with Rule 25 of the Off Corridor
 Clerks Rules Agreement and should be allowed as presented."

 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.

The instant claim is governed by our decision in Third Division Award 38076, Claim 11. For the reasons stated therein, the claim is denied.


Form 1 Award No. 38083
 Page 4 Docket No. CL-39139
 07-3-05-3-595

This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 21st day of February 2007.