STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The Kansas City Southern Railway Company that:
1. The carrier violated the provisions of the Telegraphers' Agreement effective May 1, 1942, between the parties, when in reclassifying the agent position at De Ridder, Louisiana to that of agent-telegrapher on February 5, 1948 it converted the agreed to and established monthly rate of that position into an hourly rate of pay in a manner which reduced the monthly earnings of the incumbent of the agency at De Ridder below the salary established for such position by the wage settlement of September 1, 1947; and that
2. The hourly rate of pay for the agent-telegrapher position at De Bidder shall be computed by dividing the monthly rate of pay of $352 02 in effect at the time the reclassification was made by 243 hours, thus establishing the hourly rate of pay for the position; and that
3. The hourly rate of pay so computed shall be made effective as of February 5, 1948, the date the De Bidder agency position was reclassified.
EMPLOYES' STATEMENT OF FACTS: An agreement bearing date of May 1, 1942, is in effect between the parties hereto, which covers rates of pay and rules of working conditions between the parties to this dispute. As an act of economy, the carrier changed the exclusive agency position at De Bidder to an agent-telegrapher position effective February 5, 1948, without notice, conference or agreement, arbitrarily establishing an hourly rate of $1.39 per hour and reducing the hours to six days per week, a reduction of approximately $60.00 per month.
POSITION OF EMPLOYES: De Bidder station agency has been filled as an exclusive agency position as far back as our records indicate, first appearing in our contract dated July 15, 1919. Prior to that time, this was an appointive agency not covered by any agreement. This position has carried the highest rate of any position on the Southern Division under our agreement. On February 5, 1948, the carrier reclassified this position to that of agent-telegrapher under Section 4-1 of the agreement and takes the position that it is A NEW POSITION, using Section 7-19 as basis for the hourly rate of pay established. The rules are as follows:
After the above letters were written the General Chairman, in another and later conference, signified his willingness to withdraw his protest against reclassification, if we would increase the rate of the position to $1.45 per hour. At first this request was denied, inasmuch as the rate of $1.39 was properly established and our operating officers protested against such increase, on the basis that while there were more employes at De Ridder, the work required of and performed by the Agent-Telegrapher at Mansfield, a similarly situated station on that Division, was greater per man hour (See our Exhibit "B") ; however, as a compromise, we offered to increase the rate to $1.45 per hour, effective January 1, 1949.
This offer was declined by the General Chairman unless it was made retroactive to February 5, 1948. This we refused to do and our offer of compromise was withdrawn.
General Chairman cites no rules to support his position, but contends that Rule 4-1 does not provide for a "reduction in rate of pay, where the rate has once been established". There would be no point in reclassifying a position unless conditions had changed to such extent that such move was necessary and where such position is reclassified and put under the schedule, or removed therefrom, the rate of pay should be applicable to the new position, as provided in Rule 7-19.
Claim is now presented to this Board, in an effort to enforce the demand for retroactive adjustment in the rate.
Adjustments, increase or decrease, in wages are not within the jurisdiction of this Board.
Claim in connection with reclassification of Agency at Ashdown (also named in some of the correspondence-Exhibits) was withdrawn and is not involved in this claim.
Claim should, therefore, be denied and such action by the Board is respectfully requested.
OPINION OF BOARD: Prior to February 5, 1948, Claimant was assigned to the station agency position at De Ridder, Louisiana, on a monthly assignment. On the foregoing date, the Carrier reclassified the position to that of agency-telegrapher and assigned it an hourly rate which resulted in a reduction of Claimant's monthly income. The Organization contends that this violates the Agreement. The controlling rules are:
The agency position at De Bidder was excluded by specific rule from certain designated sections of the Agreement. See Rule 1-2, current Agreement. It was a monthly rated position without telegraphic duties. On February 5, 1948, the Carrier reclassified the position to that of agenttelegrapher which subjected the position to all rules of the Telegraphers' Agreement. The effect of Carrier's action was to abolish the agency position and to establish the new position of agent-telegrapher. This it had a right to do. Rule 4-1 current Agreement. Also see Award 2935. Ordinarily new positions must be rebulletined but under the express provisions of Rule 4-1 it was not necessary to do so if the employe assigned to the agency was qualified.
It being a newly created position, the rate of pay is to be determined by Rule 7-19. The Carrier fixed the rate of pay at $1.39 per hour which was the rate paid on a similar position at Mansfield. An examination of the evidence shows that the position at Mansfield was comparable as to location, duty and responsibility as required by Rule 7-19. No position is pointed out by the Organization which better conforms to the requirements of the controlling rule. We think the position of the Carrier was correct in all respects.
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