SPECIAL BOARD OF ADJUSTMENT N0. 353
AWARD N0. 23

 CASE N0. 26
 SSW FILE 47-493-2

 PARTIES) Transportation-Communication Employees Union
TO )
 )
 DISPUTE) St. Louis Southwestern Railway Company

 STATEMENT OF CLAIM:

 Claim of the General Committee of the TranaportationCommunication Employees Union on the St. Louis Southwestern Railway Lines, that: '

 1. Carrier violated the agreement between the parties when, it failed and refused to properly compensate H. R. Lucas, Jr. for services performed on June 26, 27, 28 and 29, 1964.

 2. Carrier shall compensate H. R. Lucas, Jr. in the amount of eight hours at the time and one-half rate on each of the dates mentioned above.

 OPINION OF BOARD:

 On May 26, 1964, the f.irst shift clerk-telegrapher position at "QN" Tyler, Texas was advertised for bid and Claimant was the successful bidder. At the time Claimant was regularly assigned as second shift clerk-telegrapher at Greenville, Texas. The hourly rate of the Tyler position was $2.6228, the hourly rate at Greenville was $2.5228. Claimant was assigned to the Tyler position by Carrier's letter of June 9, 1964.

 On June 22, 1964, the Chief Dispatcher wired'Claimant inquiring as to when he intended to protect his assigned position at Tyler.

 On June 24 Claimant replied as follows:

 "D-1034. If agreeable with you would like to protect Tyler job next Wednesday July 1st, as have my rent paid at Greenville until then. Thanks."'
 l . .









            "13-1. Except as per Article 13-2 permanent vacancies and permanent additional positions shall be bulletined to all employees on the division; bulletin to show location, position, hours of service and rate of pay and the senior employee covered by this agreement making written application within ten (10) days from date of bulletin, if competent, shall be assigned. The successful applicant shall be notified of his assignment within twenty (20) days from date of bulletin. If transfer is not made within thirty (30) days from date of bulletin the employee shall be paid not less than assigned daily earnings of position awarded, penalty beginning after expiration of thirty (30) days from date bf bulletin. Assignments shall be posted promptly by bulletin for information of all employees on the division. An,. agent at regular telegraph station to whom the duties of telegraphing are assigned or withdrawn will not be disturbed in his position by reason of such changed duties. An employee to whom the duties of cashier are assigned or withdrawn will not be disturbed, except that proper adjustments in rate of pay will be made in lane with similar positions on the division. Bulletins will be numbered consecutively commencing with Number One, January lst, each year and each vacancy or-new position will be bulletined within five (5) days from date of vacancy or creation.


          "16-1. A regularly assigned employe who is taken off his

          assignment to perform relief or emergency work at an

          office or station other than the one to which assigned

          will be compensated at the rate of time and one-half

          the straight-time rate of the position filled, a~-ui=^-.

          shall be paid actual necessary expenses while away-<`r

          . from his home station."


                                                ,_~. ";:;ia r~,? ,


                                                    ,.,P~T~N ..

' * seh 353


                          - 3 - AWARD N0. 23


It is clear to this Board that Article 16-1 has no application here. Article 13-1 provides a penalty where an employee is not transferred within 30 days of date of bulletin. The Claimant was entitled to be paid the higher rate beginning 30 days after date of bulletin as set forth in Article 13-1.

 We agree with the Employes' contention that voluntary action by an individual employe cannot abrogate or nullify the provisions of a collective bargaining agreement. However, both parties should be concerned with the welfare of individual employes. In the instant case Carrier acted at Claimant's request and in his own best interest.

        We will deny the claim.


FINDINGS: That the agreement was not violated.

 AWARD: Claim denied.

                      '~GcCI-~- ~ ~ hh.~

                    Don J. Har ,Chairman


                                ,~1~ ~~/Glu~r~/ n/


D. A. Bobo, Employee Member M. L. Erwin, Carrier Member

 Tyler, Texas
 December 28, 1966

                                          0