(American Train Dispatchers Association PARTIES TO DISPUTE:

STATM= 0f CLAIM: "Claim of the American Train Dispatchers Association that:

 (a) The Atehisons Topeka and Santa Fe Railway company (hereinafter referred to as "the Carrier")s violated the Agreement between the parties to this dispute when, on March 18, 1978., the Carrier instructed and required extra or unassigned train dispatcher 0. D. Justus to pass ups and not works a one day temporary vacancy existing on rest day of Position No. 6509, third trick, Chrlsbad-E1 Paso districts, 11:15 PK Saturday March 18 to 7:15 AM. Sunday March 10s 1978. The Carrier further instructed and required him to wait and protect a later temporary vacancy, first first district, Clovis to Vaughn, 7:15 AM to 3:15 PM, Sunday, March 19, 1978, on Rest Day Relief Position No. 9100. This is in violation of Article II, Section 14.

 (b) The Carrier shall be required to compensate regularlyy assigned train dispatcher J. E. Young, eight (8) hours pay at the time and one-half rate for Sunday March 19, 1978, as the incumbent of first trick, first districts Clovis to Vaughns 7:15 AK to 3:15 PM, Monday trough Friday. He was observing one of his assigned rest days on the day claimed,, was rested according to the hours of service, was available and qualified, and should have been used to protect Position No. 9100 under the provisions of Article Its Section 10(b)s as amended."

 OPINION OF BOARD: J. S. Young was regularly assigned to Train Dispatcher
 Position 6502, Clovis, New Mexico, 7:15 a.m. to 3:15 p.m., Monday through Friday. Relief Dispatcher Position 9105 protects the position on Saturday and Relief Position 9100 protects it on Sunday. Because Relief Position 9100 was on vacation, there van a temporary vacancy on Sunday, March 19, 1978. In addition, a vacancy occurred on Saturday, March 18; which vacancy is not covered by a relief position, but which is normally covered from the extra board.

 Carrier required the re lam assigned incumbent of the March 18 position to work (on his rest day) at time and one-half, instead of using the senior unassigned Dispatcher (Justus) to do sos and it used Justus to perform non-Dispatcher duties on the 18th and to fill Position 9100 on the 19th.


The Employes cite Articles II and N:



Section 1--b-1. Temporary vacancies of less than ten (10) work days' duration will be filled in the following order of precedence;









Section 14. Train dispatchers holding rights to other service with the Ooapaay, and having once eetablished seniority under this Agreement, must the protect all dispatching service available to then on their seniority district or forfeit such seniority; providedp however, that senior unassigned train dispatchers holding rights to and performing other s who are not located at dispatching headquarters my waive protection of temporary vacancies of less than three (3) days which are available to them when Junior qualified unassigned train dispatchers are available at such headquarters ...."


              "ARTICLE IV--REST DAY RULE


            Section 7. Regular relief requirements of less than four (k) days per week will be protected by the senior unassigned train dispatcher, who will take the rates, starting times and other conditions except rest days of each position on which relief service is performed."


It is contended by the Employes that there was a violation when Justus was not used to protect the March 18 vacancy. Such use would have then made his unavailable to protect the March 19 vacancy and Young, as the regular incuNbent, would have been available.

 Carrier has asserted certain "emergency" conditions concerning manpower shortages and has pointed out that the dispatcher manning rules refer to "available" unassigned dispatchers. We are well aware of the many Awards of this Hoard which have held that reasonably anticipated and predictable manpower shortages base our Award on those concepts.

 We have studied and re-studied the factual assertions - as they were raised and progressed on the property - in an effort to ascertain if the Employee have set forth a factual basis for the claim. The fact that this claim is premised upon our findings of an asserted violation on the preceding day (in an interrelated fashion) complicates the matter, but certainly does not render it fatal. While we certainly are not precluded from making obvious and valid presumptions, nonetheless, we cannot base an Award on speculation. It is our considered judgment that in order to sustain this claim, it would be which are not based upon clearly established facts developed prior to submission here. Stated differ before us necessarily lead to the conclusions urged by the Eaployes. We will, therefore, dismiss the claim.

        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;

                    Award Number 23192 Page 4

                    Docket Nmber TD-U893


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Actv as approved June 21, 1934;

 That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        That the claim be dismissed.


                      A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSMW HOARD

                          By Order of Third Division


ATTEST:
        Executive so rotary


Dated at Chicago, nlino1.s, this 18th day of February 1981.

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