PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes



STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes that:

(1) Carrier violated certain rules of Agreement when on January 5, 6 and 7, 1957 Carrier called A. V, Sifuentes, an individual without an'Agreement right, to perform work as a Watchman on Job 55 on-January 5, 6 and 7, 1957.

(2) Maynard F. Holmes, Auto Truck-Tractor Operator, Job 43, Kansas City Store, who was off on his designated rest days, Saturday and Sunday, January 5 and 6, 1957 and the senior available employe eligible to fill the temporary vacancy on Job 55, be compensated for wage loss sustained account not called to fill this temporary vacancy, i,e., two days' pay at overtime 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.

Rule 18 (d) is designed to provide the procedure whereby furloughed employees can establish their right to be called, in line with seniority, for extra work or for vacancies of less than thirty days' duration. Clearly, persons who fail to give the designated written notice cannot complain if by-passed for those types of job openings in favor of junior employes who have complied. On the other hand, said provision does not estop Carrier from providing a job opportunity to that category of employee notwithstanding the absence of a written notice to stand for such work. See Rule 18 (c).

In a contest for job placement between a furloughed employee and a regularly assigned employee seeking to fill vacancies on his rest day, Rule 18 (d) does not serve to give priority to the latter.

Award: 1, That Carrier did not violate Clerks' Agreement in calling A. V,
Sifuentes to work as a Watchman (Job 55) on January 5, 6 and 7, 1957.
2. Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 173
Ls/ Harold M. Gilden
Chairman
S/ A. J. vanDerereek
Carrier Member

Omaha, Nebraska Ls/ . C. F. Bignall
February 24, 1959 Organization Member I dissent