THIRD DIVISION
(Supplemental)
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 Seaboard Air Line Railroad, that:
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties, effective January 1, 1909 as supplemented and amended, is available to your Board and by this reference is made a part hereof.
This dispute arose out of Carrier's action of transferring the agency work for its stations at Floyd, Hiram and Powder Springs, Georgia from the AgentTelegrapher position at Dallas, Georgia to its Atlanta, Georgia station. There are no employes covered by the Agreement at Atlanta Station.
Dallas, Georgia is located on the Birmingham Sub-Division of the Carrier's main line between Atlanta and Birmingham, and is approximately thirty miles west of Atlanta. At time the claim was presented, there was one position covered by the Agreement at Dallas. The position was classified as Agent Operator and worked five days per week (Monday through Friday). Some years ago, there was an agency position at Floyd, one at Hiram, and also one at Powder Springs. All three of these agency positions were covered by the Agreement. When these positions were; discontinued, the work was given to
to the Agent Operator at Dallas, Georgia, or any other employs covered by the Telegraphers' Agreement. Third Division Awards 4922, 4568, 5719, 8369).
OPINION OF BOARD: Petitioner contends that Carrier violated the Agreement between the parties when it transferred the agency work for its stations at Floyd, Hiram and Powder Springs, Georgia from the AgentTelegrapher position at Dallas, Georgia to its Atlanta, Georgia station.
Without proceeding further, the Board finds that the claim must be denied for lack of sufficient evidence to justify the claim. There is no showing in this record as to the nature, type and identity of the "work" transferred. A simple characterization of "work" is insufficient to satisfy Petitioner's burden of proof.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and 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