TRANSPORTATION-COMMUNICATION EMPLOYES UNION
(FORMERLY THE ORDER OF RAILROAD TELEGRAPHERS)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago Great Western 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.
At 8:10 A. M. on June 24, 1958, train dispatcher W. J. Murphy transmitted a message to the Conductor and the Engineer of Train No. 91 at or near Graf, Iowa; the conductor and engineer received and copied the message; the transmission and reception was by means of telephone (radio). The message reads as follows:
The signature "REH" is the initials of R. E. Hagelberg, Chief Train Dispatcher. Train No. 91, acting upon the instructions, stopped at Dyersville, picked up the car and again stopped at Lamont and set out the car. The position of Agent-Telegrapher at Graf was discontinued several years prior to the date here involved.
This has reference to exchange of correspondence ending with your letter dated December 18 relative to your Claim No. D-89 in behalf of F. E. Hitchcock.
The facts concerning this dispute are also as set forth in my letter October 16 from which it appears obvious to the undersigned that there is no factual basis for the next last paragraph of your letter December 18.
Train 91 departed Fair Ground, 7:50 A. M., passed Graf about 8:25 A. M. and arrived Dyersville, 9:00 A. M. At 8:10 A. M. (time of alleged violation), Train 91 was between Fair Ground and Graf. No telegraphers are employed between Fair Ground and Dyersville.
On this property, it is the practice to employ college students for vacation relief work during the summer months. Under terms of Article 12 (c), Addendum No. 4 of current Telegraphers' Agreement (effective June 1, 1948, reprinted May 1, 1958), reading:
these vacation relief workers do not establish seniority rights, as they do not work more than 60 days in a calendar year. Claimant, who is a student at the University of Iowa during the school year, was employed for the summer of 1958 for vacation relief purposes, first service being performed on June 28, 1958, at South St. Paul, Minnesota, where he relieved one of the telegraphers who was on vacation. Claimant was used a total of approximately 40 days up to August 27, 1958, at which time he resigned in order to return to school. Claimant had no employment relationship whatsoever with the Carrier on date of instant claim (June 24, 1958), and as previously stated, did not enter service until some four days later, ie., June 28, 1958.
OPINION OF BOARD: At the outset we are faced with a contention from the Carrier that this claim is defective because the Claimant held no seniority or other rights at the time the alleged violation occurred; and that he was employed solely for vacation relief purposes on another seniority district for a period of less than 60 days, therefore he never did acquire any seniority, rights.
The Emloyes dispute the Carrier's assertions by counter assertions, without presenting any evidence of probative value to support them. Since the burden of establishing facts to support a valid claim lies with the Petitioner,