NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
(Western Lines)
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Atchison, Topeka and Santa. Fe Railway that the Carrier is in violation of the terms of the Agreement between
the parties when,
(1) it requires the combination of the work of the telegrapher-clerk position with the work of the agent-telegrapher position
at Portales, New Mexico, on Monday beginning with Monday, September 5, 1949 compeling the regular occupant of said agenttelegrapher position to perform the rest day relief work and assume
the duties of the telegrapher-clerk position in combination with that
of his own position on such Mondays, an assigned rest day of said
telegrapher-clerk;
(2) it requires the combination of the work of the agenttelegrapher position with the work of the telegrapher-clerk position
at Portales, New Mexico, each Saturday beginning with Saturday,
September 3, 1949, compelling the regular occupant of the telegrapher-clerk position to perform the rest day relief work and assume
the duties of the agent-telegrapher position in combination with that
of his own position on such Saturdays, an assigned rest day of said
agent-telegrapher; and
(3) the Carrier shall now compensate the senior idle extra
telegrapher on the district on the basis of 8 hours at the straight
time rate for each Monday and Saturday that the occupants of the
positions named in paragraphs (1) and (2) above were used to
perform rest day relief work on, and assume the duties of the position of the other; or, if no suh idle extra telegrapher available,
then the Carrier shall compensate the regular occupant of the position of agent-telegrapher on Saturdays, and the telegrapher-clerk
position on Mondays at Portales, New Mexico on the basis of eight
hours at the time and one-half rate for such days respectively that
the violative practice is continued.
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E
not used on such days is contrary to the well-established principle consistently
recognized and adhered to by the Board that the right to work is not the
equivalent of work performed under the overtime and call rules of an
Agreement. See Awards 4244, 4645, 4728, 4815, 5195, 5437, 5764, 5929,
5967 and many others.
In conclusion, the Carrier respectfully reasserts that the claim of the
Employes in the instant dispute is entirely without merit or support under
the Agreement rules and should be denied in its entirety.
All that is contained herein is either known or available to the Employes
or their representatives.
(Exhibits not reproduced.)
OPINION OF BOARD:
Carrier assigned the Agent-Telegrapher at
Portales, New Mexico, Monday through Friday. It assigned the TelegrapherClerk, Tuesday through Saturday. On Mondays and Saturdays the one working performed some of the duties of the other. The Organization contends
that such an arrangement is violative of the current Agreement.
The case is identical in principle with Award 6946. On the basis of the
reasoning of that award, the claim cannot be sustained.
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 29th day of March, 1955.