Award No. 2419 Docket No. TE-2011

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Howard A. Johnson, Referee

THE ORDER OF RAILROAD TELEGRAPHERS

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers, Atchison, Topeka & Santa Fe Railway, that when the Carrier, without conference or agreement, removed from employes covered by the current Telegraphers' Agreement at Valley Mills, Pendleton, Blum, Rio Vista, Montgomery, Fostoria, Cresson, Tolar, Bluffdale, Brookesmith, Mercury, Rochelle, Blanket, Proctor and Hasse, the duties of loading and unloading mail, baggage, express, etc., between the station building and trains which arrive at said stations outside the assigned hours of the station employe, a part of whose duties it had been to load and unload this mail, baggage, express, etc., and assigned these duties to members of train crews at such times and places, work which these men we represent had contracted to perform and had previously performed was improperly transferred to employes not covered by said Telegraphers' Agreement; that the work here involved be restored to station employes performing it previous to its improper transfer and that the agents at the stations mentioned above be compensated under the Call and Overtime rules of the Telegraphers' Agreement for each occasion on which these employes not covered by the Telegraphers' Agreement have performed the aforementioned work.

EMPLOYES' STATEMENT OF FACTS: An Agreement bearing effective date of December 1, 1938 is in effect 'between the parties to this dispute; copies thereof are on file with the National Railroad Adjustment Board.

At the stations or locations listed in the Statement of Claim, outside of the assigned hours of the agents or when and where an agent is not on duty, train crews are required to unload from their trains and place in the depot mail, baggage, express, etc., consigned thereto. Likewise, mail, baggage, express, etc., due to leave said stations or locations outside of he agents' assigned hours is secured from the depot and placed in the train by said train crews. Train crews are provided with facilities for entering the station buildings. Outbound express and/or baggage shipments received at said stations, outside of the agents' assignments or when and where an agent is not on duty and not billed by them, are billed by train crews, express messengers, or train baggagemen.

POSITION OF EMPLOYES: For the purpose of recording certain history that is pertinent hereto, the Organization goes back to disputes originating during the late twenties and early thirties between the Organization and the Carrier relative the latter's arbitrary method of taking certain agency positions out of the Telegraphers' Agreement and substituting therefor outside persons with a carrier-designation of "resident agents." Said dispute reached your Board in Docket TE-150. Award No. 255 dated May 7, 1936, disposed

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