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 Chicago Great Western Railway, that:

1. Carrier violated the Agreement between the parties when it used employes not covered by the Agreement to relieve on the position of Agent at Austin, Minnesota, while the regular Agent was on vacation February 4-24, 1960.


2. Because of this violation, Carrier shall compensate the senior employe, idle each day (extra in preference) except Sunday, on the Council Bluffs, Clarion and Mason City Districts during the period February 4-24, 1960, one day's pay for each day (except Sunday), at the rate of pay of the position of Agent, Austin, during that period. Rate of pay during that period amounted to $21.47 per day. Claimants are as follows:




























OPINION OF BOARD: The supervisory agent at Austin, Minnesota, is a monthly rated position covered by Addendum No. 2, which provides, in part:


    "In excepting Groups 1 and 2 positions from the application of Rule 22(i), it is understood that temporary vacancies of less than ninety (90) days need not be filled, but if filled, employes from the telegraphers' seniority rosters will be used."


During the absence of the agent while on vacation, the clerks performed routine work which the Organization argues constituted the filling of the agent's position; therefore, an employe subject to the Telegraphers' Agreement should have been used. We do not find that the agent's position was filled.


The Company simply exercised its right, as provided in the above quoted paragraph of Addendum No. 2, not to fill the position during the agent's absence, nor do we find that the performance of routine work "such as signing bills of lading, billing of outbound cars and checking of the yard" constitutes relieving the agent, as alleged.


The employes did not deny Carrier's statement that "such work at Austin is not reserved to the agent, but is regularly performed by clerks."


Since there is no proof that work reserved exclusively to the agent was performed by others, the Claim will be denied.


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 not violated.


    AWARD Claim denied.

              NATIONAL RAILROAD ADJUSTMENT BOARD

              By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary

Dated at Chicago, Illinois, this 30th day of January 1967.
 Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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