NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on The Atchison, Topeka and Santa Fe Railway (Coast Lines), that:
1. The Carrier violated the terms of the current agreement
between the parties when on September 15, 1947, it declared abolished the three telegrapher-clerk positions in the passenger station
at Riverside, California, without in fact discontinuing the work previously performed by the incumbents and assigned the performance
of the same to employes not covered by said agreement; and
2. The work formerly performed by said three (3) telegrapherclerks at Riverside passenger station shall be restored to the agreement and performed by employes covered by such agreement; and
3. The three (3) employes improperly displaced as a result of
the violation, be restored to their respective positions and compensated for all time lost plus expenses while required to work away
from their regularly assigned station (Riverside, California passenger
station); and
4. All other employes adversely affected by the carrier's action
in arbitrarily removing from the agreement work previously performed by the three (3) displaced telegrapher-clerks at Riverside,
California, shall likewise be restored to their respective positions
and reimbursed for all monetary losses sustained.
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 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 claim should be
dismissed without prejudice.
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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.