PARTIES TO DISPUTE:


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






EMPLOYES' STATEMENT OF FACTS: The agreements between the parties are available to your Board and by this reference are made a part hereof.


Because of a reduction in force at Commerce, Texas, the Carrier changed the rest days of several positions at this station including Relief Position No. 5. Sara V. Smith was the regularly assigned incumbent of this relief position.


The Carrier issued the following notice concerning the change in rest days:






                      438 - Commerce


                        - Sulphur Spring


    CLT . . . WFM . . . W A Stephenson . . . W J Cox . . . B F Ross . . . W J Wright . . . Sara Smith - Commerce . . . C Black . . . J B Elliott W A McDowell . . . L D Altenbaumer-Sulphur Springs


    Effective with close of business August 15, 1957, position of Cashier, Commerce, Texas, assigned to W. A. Stephenson, is hereby


                  [912]

11990-12 923

Cox and Ross. The claims relate to the same occurrence, and a complete picture cannot be presented in one of them without giving the facts regarding the others.


To prevent unnecessary repetition, Carrier's submission in the claim of Telegrapher J. W. Cox is made a part hereof and a copy is attached hereto.


POSITION OF CARRIER: The Carrier's position is as set forth in the companion claim of Telegrapher J. W. Cox.


As pointed out therein, proper notice was given August 12, changing the assignment of Mrs. Smith effective August 16, 1957. Effective at that time the rest days of Mrs. Smith became Thursday and Friday, and she was not entitled to work on Friday, August 16, which was one of her assigned rest days. The work claimed on that day was assigned to and was performed by Cashier-Telegrapher Cox.


The claim is not supported by the rules, as pointed out in the claim of Telegrapher J. W. Cox, and the Carrier respectfully submits that the claim should be denied.


    All data herein has been submitted to representatives of the Employes.


    (Exhibits not reproduced.)


OPINION OF BOARD: The issue here is identical with that disposed of in Awards 10517 and 10875, involving these same parties. Those awards being controlling, the claim will be sustained.


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


    That the Agreement was violated.


                  AWARD


    Claim sustained.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 16th day of December 1963.