THE ATCHISON, TOPEKA & SANTA FE RAILWAY
COMPANY-Eastern Lines
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
EMPLOYES' STATEMENT OF FACTS: On Thursday, August 5, 1954, unassigned Train Dispatcher J. D. Hunter was used to fill a vacancy in relief position No. 266, hours 4:00 P. M. until 12:00 P. M., in Carrier's Chillicothe, Illinois, train dispatchers' office, Thursday, Friday and Satur day-12:00 P. M. until 8:00 A. M.-three consecutive days. Position No. 266 was assigned Tuesday and Wednesday of each week as rest days.
A second temporary vacancy occurred in Position No. 225, August 7, 1954, hours 4:00 P. M. until 12:00 P. M., daily except Thursday and Friday, rest days assigned to Position No. 225.
Unassigned Dispatcher Hunter filled Position No. 266, Thursday, August 5, Friday, August 6, Saturday, August 7, 1954, 4:00 P. M. until 12:00
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.
The Carrier is uninformed as to the argument the Employes will advance in their ex parte submission, and accordingly reserves the right to submit such additional facts, evidence and argument as it may conclude are necessary in reply to the organization's ex parte submission or any subsequent oral arguments or brief submitted by the petitioning organization in this dispute.
All that is contained herein is either known or available to the Employes or their representatives.
OPINION OF THE BOARD: The claimant, J. D. Hunter, an unassigned train dispatcher, asks for compensation for August 10 and August 17, 1954.
The record herein discloses that the claimant, an unassigned train dispatcher, performed five consecutive days' train dispatcher service immediately preceding those two dates.
Article II, Section 10-b, and Article IV, Section 1-b of the Agreement clearly provide that unassigned train dispatchers do not have right to claim work on the sixth and seventh consecutive days.
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