NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES
TO
DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
UNION PACIFIC RAILROAD COMPANY (Eastern District)
STATEMENT OF CLAIM: Claim of the General Committee of The Order
of Railroad Telegraphers on the Union Pacific Railroad. Eastern District,
that:
(1) The Carrier has violated and continues to violate the terms of
the Agreement between the parties, at "NY" North Platte,
Nebraska, when and because it declined and continues to decline
to assign to employes covered by said Agreement the duties of
operating printing telegraph machines (teletype) used for transmitting and receiving communications of record;
(2) The Carrier shall forthwith assign all of the duties in connection with the transmission and reception of messages and reports
of record by use of said printing telegraph machines (printers
and/or teletype) to employes covered by said Agreement, and
(3) For each and every eight hour trick that printing telegraph
(printers and/or teletype) have been operated by employes not
covered by said agreement, the Carrier shall pay to the senior
idle employe, (or employes) under the Agreement on the seniority
district an amount equal to a day's pay at the rate prescribed
in the Agreement for printer and teletype operators.
OPINION OF BOARD: Under all of the circumstances here obtaining,
the claim should be dismissed without prejudice.
FINDINGS: The Third Division of the Adjustment Board upon the whole
record and all the evidence, finds and holds:
That the Carrier and 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 claim should be dismissed without prejudice.
[4'lj
6603-2
42
AWARD
Claim dismissed in accordance with Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 7th day of May, 1954.