Award No. 30 Case No. 29 PARTIES TO DISPUTE: -Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes



(1) Carrier violated Agreement of May 1,, 1955 on Saturday, July 28, 1956 when they permitted and required-Vincent E. Welch, an employe assigned to relieve Storekeeper on July 28, 1956, to perform all the duties of two regularly assigned Relief positions -- Relief Storekeeper and Relief Store First Helper-Counterman,'

 (2) Carrier shall now compensate Alva Chadd an additional eight hours' pay at rate of time and one-half at Stores First Helper rate."

 FINDINGS: The 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.

 The Board has jurisdiction over the dispute involved herein. The parties to said dispute were given due notice of hearing thereon,

 On the record of this case, it cannot be said either that Relief Storekeeper Welch was so extensively deployed on counterman work as to construe his performance as the actual filling of a vacancy in the latter job category, or that there was such a substantial amount of counterman work to be handled as would effectively impugn the Carriers action in blanking the position on that date. No vacancy was declared, and claimant, having worked his own assignment, and having been compensated for eight hours on the day in issue, has no grounds for complaint.

 AWARD: 1, That the intermittent performance of counterman duties by Relief
 Storekeeper on July 28, 1956, did not violate Clerkst Agreement.
 2. Claim denied.
 SPECIAL BOARD OF ADJUS`1fENT N0. 173
 /s/ Harold Ni. Gilden
 Chairman
 /s/ A. J. VanDerereek
 Carrier Member
 /s/ C. F. $Lgnall
 Organization Member

 Omaha, Nebraska February 24, 1959