(J. H. HAMMONTREE)
(TELEGRAPHER-LEVERMAN)
','STATEMENT OF CLAIM: 1. That the Cincinnati, New Orleans and Texas Pacific Railway Company and The Order of Railroad Telegraphers violated their Agreement dated September 1, 1949, by not advertising and bulletining the positions of Telegrapher-Leverman at New Citico Yard, Chattanooga, Tennessee, between March 2, 1955 and Mach 22, 1955 as these were new positions in a new location.
2. That my privilege to exercise my seniority to bid on these positions was , 'denied by both parties and that a younger employe (fn seniority) has been filling one of these positions and is not qualified to telegraph, which is one of the requirements for these positions.
3. That Rule 27, Section (d) in the above Agreement is unfair to all employes and should be stricken from the Agreement. Section (a) should rule all divisions of the Southern Railway System or any of its Subsidiaries, since most positions as New Citico;, handles a big percentage of Southern Railway System business.
4. That the OR.T. compensate me for time lost due to the above violations and that all positions of Telegrapher-Leverman at New Citico Yard be advertised and bulletined.
OPINION OF BOARD: Thorough consideration of the evidence of record reveals that there is no dispute between the parties to the controlling Agreement concerning the subject matter of this docket.