PARTIES TO DISPUTE:
 i AMERICAN TRAIN DISPATCHERS ASSOCIATION

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY

COMPANY (Eastern Lines)


STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:



EMPLOYES' STATEMENT OF FACTS: On Tuesday, April 6, 1954, unassigned Train Dispatcher H. A. Miller was used to fill a vacancy in trick train dispatcher Position No. 225, hours 4:00 P. M. until 12:00 P. M. daily except Saturday and Sunday, the rest days assigned to Position No. 225.

 Dispatcher Miller performed service on Position No. 225 Tuesday, April (i, 1954 through Friday, April 9, 1954, four (4) consecutive days.

 On Saturday, April 10, 1954, a vacancy occurred in Assistant Chief Dispatcher Position No. 202, hours 4:00 P. M. until 12:00 P. M.

 Dispatcher Miller was available, qualified and willing to fill the vacancy in Position No. 202, Saturday, April 10, 1954, which would have constituted his fifth consecutive day of train dispatcher service.
9174-22 Sfl

    The Carrier has also presented evidence that its practice under the agreement rules relied upon by the Employes has been widespread and well established.


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.


    (Exhibits not reproduced.)


OPINION OF BOARD: On Saturday, April 10, 1954, Claimant Miller was on an unfinished temporary vacancy of more than seven calendar days on Position No. 225, but Claimant did not work that day because it was a rest day for that position.


Dispatcher Hunter, who is junior to Claimant, was used to fill a oneday temporary vacancy on Position No. 202 on Saturday, April 10, 1954, and the claim is that Claimant Miller was denied his right to perform service on Position No. 202 this date in violation of Article II, Sections 10-b and 14.


Award 8983 and others between the same parties are determinative of the present claim, since Claimant Miller, being on one uncompleted temporary assignment, was not available for another.


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


    That the Carrier did not violate the Agreement.


                  AWARD


    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 14th day of January, 1960.