THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Chicago, Rock Island and Pacific Railroad Company that:
(a) The Carrier violated the current Signalmen's Agreement when it failed to provide vacation relief for the position held by Signal Maintainer H. R. Miller, headquarters Lincolnville, Kansas, while Signal Maintainer H. R. Miller was on vacation from June 5 to 23, 1961, and, instead, required Signal Maintainer A. M. Smith, headquarters Peabody, Kansas, to assume the burden of keeping up the work on the vacationing Maintainer's territory in addition to the duties of maintaining his own territory.
EMPLOYES' STATEMENT OF FACTS: Signal Maintainer H. R. Miller, headquarters Lincolnville, Kansas, was assigned vacation under the rules of the applicable Agreement from June 5 to 23, 1961, inclusive. The Carrier did not furnish relief for Maintainer Miller's position while he was on vacation. Instead, it required Signal Maintainer A. M. Smith, headquarters Peabody, Kansas, to assume the burden of keeping up the work on Miller's section. During Miller's vacation period, Signal Maintainer Smith was required to perform the work on his own section and, in addition, perform 43 hours service on Miller's section.
During the vacation period, Signal Maintainer Smith performed 10% hours' work on Miller's section outside regular hours and 32% hours' service during regular working hours. The Brotherhood maintains that the Carrier placed a burden upon Claimant Smith when it required him to protect Miller's territory outside of regular working hours and at the same time protect his own territory. We also contend that the Carrier placed a burden on Claimant Smith when it required him to suspend work on his section during regular work
OPINION OF BOARD: This is a companion case to Docket No. SG-9323, Award No. 10007.
The employes have not shown by sufficient proof that work allegedly performed on the vacationing employe's territory exceeds twenty-five per cent of the work load as provided by Article 10 (b) of the Vacation Agreement.
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 2.1, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and