NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Dudley E. Whiting,
Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
GULF, MOBILE AND OHIO RAILROAD COMPANY
STATEMENT
OF
CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the Gulf, Mobile and Ohio Railroad (Southern
Region) that:
(a) The Carrier violated and continues to violate the Agreement when, beginning September 3, 1949, it transferred service,
duties or operations necessary to be performed on rest days of
employes and positions covered by the Agreement to employes
not covered thereby; and, that
(b) The Carrier shall be required to indemnify the employes
who were entitled to perform such work on their respective rest
days by payment of a "call" for each tour of duty to which properly
entitled had they been permitted to perform this work.
EMPLOYES, STATEMENT
OF
FACTS:
The Agreement between the
parties, effective March 1, 1929, with subsequent amendments, a copy of
which is available to the Board, is by this reference placed in evidence and
made a part of this submission. Its scope as to employes, classifications and
positions is set forth as follows:
Article 1. Defining Employes Included.
"(a) The following rules and rates of pay shall apply to all
telegraphers, telephone operators (except switchboard operators),
agents, assistant agents, ticket agents, assistant ticket agents, agenttelegraphers, agent-telephoners, towermen, levermen, block operators
and staffmen, specified in wage scale, who shall hereafter be referred
to as employes, coming within the meaning of this agreement."
Such other rules directly bearing on this dispute are:
Article 4.
"(g) Employes will not be required to suspend work during
regular hours to absorb overtime."
16431
6041-49
682
For the reasons herein set forth, the Carrier requests that this claim be
declined.
Carrier requests opportunity for oral hearing.
(Exhibits not reproduced.)
OPINION OF BOARD:
This claim is predicated upon an allegation that
work regularly performed by employes covered by the Agreement was
transferred on rest days to persons not covered by the Agreement. It appears
that certain one-man stations, where the sale of tickets is one of the duties
of the employe in charge, were closed on Saturdays and Sundays after
September 1, 1949, and it is here contended that the collection of cash fares
by Conductors on those days is a transfer of work in violation of the Agreement as alleged.
The collection of cash fares is not a sale of tickets, but is a proper alternative method of obtaining payment for passenger transportation.
Thus there is no showing that any Agent's work was performed or required on such Saturdays and Sundays and the claim is without merit.
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 22nd day of January, 1953.