PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of The Order of Railroad Telegraphers on St. Louis Southwestern Railway, that:


1. Carrier violated the terms of the Telegraphers' Agreement when on March 19, 1957, it changed, effective Friday, March 22, 1957, the assigned work week and rest days of Agent-Telegrapher E. Fisk, Nevada, Texas, so as to permit Mr. Fisk to work only three days of his work week which began Thursday March 21, 1957, and to require that he suspend work on Sunday, March 24 and Monday, March 25, 1957, the fourth and fifth work days of his work week which began on Thursday, March 21.

EMPLOYES' STATEMENT OF FACTS: There is an agreement bearing date of December 1, 1934 in effect between the parties to this dispute. This Agreement has been amended from time to time subsequent to its effective date both as to rules and rates of pay. Copy of the Agreement and all amendments thereto should be on file with this Division of National Railroad Adjustment Board, and are by this reference made a part of this submission just as though copied herein word for word.


E. Fisk, the Claimant here, was and is the regularly assigned agenttelegrapher at Nevada, Texas, the station involved in this dispute. Prior to the change in his work week and rest days, which gave rise to this dispute and claim, Mr. Fisk's work week and rest days were as follows:






In a telegram dated March 19, 1957, Division Superintendent W. G. Hazlewood informed Agent-Telegrapher Fisk that:

 "Effective Friday, March 22, Agent E. Fisk at Nevada will observe assignment from 4:00 P. M. to 12:00 MN, five days per
10875-23 636

In conclusion the Carrier respectfully submits that the claim of the Employes clearly is without merit or support under the rules of the current Agreement and should be denied.


All data herein has been presented to representatives of the Employes in correspondence or in conference.


(Exhibits not reproduced.)

OPINION OF BOARD: The instant claim presents the identical issue between the same parties that was raised in Award 10517.


The decision rendered in Award 10517 is not erroneous and is controlling on this Board. Ample support for the award may be found in innumerable previous awards - 8103, 8144, 9962 and 10497 among others.


Consequently, the present claim should be allowed.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


That the parties waived oral hearing;

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






Claim sustained.

              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 29th day of October 1962.