-4"o-am Award No. 14433
Docket No. TE-11287



THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

(Formerly The Order of Railroad Telegraphers)




STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Erie Railroad, that:








EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the parties to this dispute effective March 1, 1957, and as amended.

D. A. Hoff, as the regularly assigned Agent-Operator at Wellsburg, N. Y., was, pursuant to the provisions of the National Vacation Agreement of December 17, 1941, as amended, granted a vacation from July 15 through August 2, 1957. The Carrier, in order to fill the vacancy on Mr. Hoff's position during his

but resigned on July 16, 1967 to accept a position of Police Officer with the City of Elmira, New York.


There were no extra operators available to perform the vacation relief work and in order to not disturb the vacationer's plans for vacation, an extra Roster B employe was utilized to relieve the Agent-Operator at Wellsburg during his absence on vacation.


At no time during the period July 16 to August 2, 1967 did any regularly assigned employe within the scope of the telegraphers' agreement request the vacation work.


OPINION OF BOARD: This matter comes before this Board as companion to case Docket Number TE-11279 (Award 14432). The facts are identical thereto with one exception and the result must be the same.


Here Carrier used an employe not covered by the Telegraphers' Agreement to fill an Agent-Operator's position during his vacation. The only variance from TE-11279 (Award 14432) lies in the naming of other regularly assigned Operators covered by the subject Agreement as Claimants on their respective rest days during the period in question rather than the normal occupant of the position who was on vacation.


There can be no question that these Claimants have seniority under the Agreement or that they could have been called to fill the vacancy on their respective rest days.


It is the opinion of this Board that the Agreement was violated and the claim is sustained at the pro rata rate.


FINDINGS: The Third Division of the Adjustment Board, 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










Dated at Chicago, Illinois, this 13th day of May 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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