TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
NEW YORK CENTRAL RAILROAD
(Southern District)
1. Carrier violated the Agreement between the parties when on February 22, 1962 a holiday, it failed or refused to call the regular assigned Assistant Agent-Operator Territory No. 13, to do station work at Robinson, Illinois, work assigned to her on her regular week day assignment.
2. Carrier shall now compensate Mrs. E. M. Caudle, the regular assigned Assistant Agent-Operator Territory No. 13, for one day (8) hours at time and half rate of $4.14,4/10 per hour Total $33.17 for February 22, 1962, timeslip has been presented to proper official.
4. Carrier shall also compensate the senior idle employe extra in preference for one day (8) hours at time and half rate of $4.14,6/10 per hour Total $33.17 for work improperly assigned to the clerk at Mt. Carmel, Illinois, on the holiday February 22, 1962. The right is reserved to examine the Carrier's records to determine the senior idle employe extra in preference entitled to the day.
EMPLOYES' STATEMENT OF FACTS: Robinson, Illinois freight agency, prior to May 16, 1961, was a five-day per week, Monday through Friday, agency with assigned hours of 6:00 A. M. to 3:00 P. M., one hour for lunch, and rest days Saturday and Sunday. On May 16, 1961, this position was unilaterally abolished and on the same day the Carrier established a position designated as Assistant Agent-Operator Territory No. 13. As part of Territory No. 13 the traveling agent was assigned to perform service at this station between 11:18 A. M. until 12:18 P. M., Monday through Friday.
OPINION OF BOARD: Petitioner avers that billing was done in violation of the Agreement. Carrier answers that the billing was not done as alleged by Petitioner. Petitioner failed to satisfy its burden of proof that: (1) the billing was done as it alleged; and, (2) the Agreement was violated. We, there, fore, are compelled to dismiss the Claim for failure of proof.
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