The Claimant was the regularly assigned Train Dispatcher on the Louisville Service Lane assigned to the 3rd Trick "CF" Console at the Jacksonville, Florida, Centralized Train Dispatching Center, with Wednesday and Thursday as assigned rest days. On Wednesday, April 2, 1997 (the Claimant's rest day), the regular assigned relief Train Dispatcher marked off sick. No Guaranteed Assigned Train Dispatcher was available to protect the vacant assignment at the straight time rate. J. O. Love, who is senior to the Claimant and assigned to the 3rd Trick "SA" Console and who also had Wednesday as a rest day, was called and filled the position.
It is undisputed that under Article 5(i), the designated order of call gave the Claimant preference to protect the vacant assignment over Love. However, the record shows that multiple attempts were made to contact the Claimant, including leaving a message on his recorder asking him to call in when he received the message. By the time the Claimant did return the call at 8:30 P.M., the Carrier had moved on and contacted Love to protect the vacant assignment. The record further shows that Love was lined up to protect the vacant assignment more than two hours before the start of that assignment. Therefore, because the calls to the Claimant were placed before the call to Love, the record shows that the Carrier unsuccessfully attempted to contact the Claimant on several occasions far more than two hours before the start of the assignment.
The Organization has not carried its burden to demonstrate a violation of the Agreement. See Third Division Award 31972:
In this case, multiple calls to the Claimant and leaving a message with him about protecting the vacant assignment far more than two hours in advance of the start of the assignment met the Carrier's obligation.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.