"Claim of the System Committee of the TCU (NEC-2497) that:

1. The Carrier violated the rules of the parties' Agreement dated July 27, 1976, made effective September 1, 1976, particularly Rules I(c and e), 1-B-1, 4-A-4(1), 4-C-1, 9-A-1, Appendix E, Articles 3(c), 5(a), 15(a), Appendix H-Articles 1(a and b), IV (a and b), among other applicable rules, when it removed regularly assigned Ticket Window Seller E. Stowe and suspended her regular ticket window duties to absorb overtime work and required her to perform duties of completely different position of Cashier, instead of properly filling the day to day vacancy properly by calling and then assigning employee P. Jannes, the incumbent of the vacancy at the time and one half rate of pay.

2. The Carrier shall be required to compensate employee P. Jannes for eight (8) hours at time and one-half rate of pay based on the rate of position daily Window ticket Seller for both days, April 17 and 18, 2004 account of the described violation.

3. This claim has been presented and progressed in accordance with the provisions of Rule 25 of the Corporate Agreement and

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.

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

On April 13, 2004, S. Jones, the incumbent of position TAC-12, a partially exempt position, notified the Carrier that she was having gall bladder surgery and would be off for an indefinite period of time. While awaiting completion of paperwork for a medical leave of absence, she marked off sick each day. On April 14, 2004, by memo, the Carrier appointed Ticket Clerk Stowe to the position on a temporary basis, effective April 15, 2004. On April 25, 2004, Ms. Jones had recovered sufficiently to return to work. The Organization contends that the Carrier was obligated to fill the position under the procedures of Appendix E, failed to do so, and the Claimant is entitled to compensation for the lost overtime opportunities on April 17 and 18.

Partially exempt positions are exempt from Rule 2-A-1, the Bulletin and Assignment Rule, but they are not exempt from Appendix E. In Public Law Board No. 4304, Award 32, the Board held that the Carrier violated the Agreement when it made a temporary assignment to cover a two day vacancy in a partially exempt position that resulted from the incumbent's vacation. The Board held that the Carrier was required to follow Appendix E, distinguishing two days of overtime from a temporary assignment.

07-3-06-3-52