STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
EMPLOYES' STATEMENT OF FACTS: On Sunday, June 20, 1954, two unassigned, qualified train dispatchers were available, in Carrier's Galveston, Texas office, to perform train dispatcher service, namely, Mr. R. E. Johnson and Mr. J. W. Fewell. Mr. Johnson was the senior of the two dispatchers.
On Sunday, June 20, 1954, two vacancies occurred in Carrier's Galveston, Texas office. The first vacancy occurred in the Assistant Chief Dispatcher position beginning at 9:00 P. M. The second vacancy occurred in a trick dispatcher position beginning at 11:00 P. M.
Carrier used the junior unassigned train dispatcher, Mr. J. W. Fewell to fill the first or 9:00 P. M. vacancy and used the senior unassigned train dispatcher, Mr. R. E. Johnson to fill the second or 11:00 P. M. vacancy.
In conclusion, the Carrier respectfully reasserts that the Employes' claim in the instant dispute is entirely without support under the governing agreement rules in effect between the parties hereto and should, for the reasons previously expressed herein, be denied in its entirety.
All that is contained herein is either known or available to the Employes or their representatives.
OPINION OF BOARD: Our Award 8812 of this date, announced herewith, is determinative of the claim in the instant case as it involves the same parties and same rules.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and