NATIONAL RAILROAD ADJUSTMENT BOARD
A. Langley Coffey, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Atlantic Coast Line Railroad, that:
(1) Carrier violated Agreement between the parties hereto,
when on the 1st day of June, 1951, it arbitrarily established a less
favorable rate of pay for the position of Agent-Telegrapher, Alapaha,
Georgia, than that established by Agreement.
(2) Carrier shall be required to restore rate of pay for AgentTelegrapher at Alapaha, Georgia, to that prevailing prior to June
1, 1951, together with any increases in rate of pay applicable to
such position.
(3) Carrier shall be required to compensate O. B. Jones,
Agent-Telegrapher (or his successors to such position) Alapaha,
Georgia, the difference between the amount paid and the amount
agreed to be paid for such position, from June 1, 1951, until such
violative practice is discontinued.
EMPLOYES' STATEMENT OF FACTS:
On the 24th day of May, 1937,
in Case No. R-331, the National Mediation Board, issued its certification of
representation as follows:
"On the basis of the investigation and report of election the
National Mediation Board hereby certifies that The Order of Railroad Telegraphers has been duly designated and authorized to
represent telegraphers, telephone operators (except switchboard
operators), agent-telegraphers, agent-telephoners, towermen, levermen, tower and train directors, block operators, staffmen and such
agents as are shown in the exiting wage scale of the Atlantic Coast
Line Railroad Company, for the purpose of the Railway Labor Act."
Thereupon, The Order of Railroad Telegraphers, hereinafter referred to as
Employes or Telegraphers, and Atlantic Coast Line Railroad Company, hereinafter referred to as Carrier or Company, entered into a collective bargaining
agreement concerning wages hours of service and other conditions of employment for all employes of Carrier within the bargaining unit. Such Agreement became effective on the 1st day of November 1939, and has remained
in full force and effect since said date except as modified or changed by
[7261
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7 51
why cannot the rates be raised when the classification has been
changed by adding duties of another craft in addition to what has
been performed all the time."
In accordance with the terms of the current agreement, the carrier
did adjust the rate of pay for the reclassified positions at Emporia, the
same as has previously been done on many occasions when telegraphic duties
were added to or taken from position or where any other changes took place
that would justify an adjustment in the rate of pay.
The carrier did reclassify the position at Baconton from agent-telegrapher
to that of agent (non-telegraph) effective July 16, 1951, but notwithstanding statement made by Mr. Keller under oath before the Georgia Public
Service Commission, as outlined above, that the employes would offer no
objection to the carrier reclassifying the position from agent-telegrapher to
non-telegraph agent at a lower rate of pay, our records show that a claim was
filed by him for the difference in rate of pay between the two positions, but
the claim was declined.
The carrier requests that the Board deny claim in the instant case
for the reason that it is not based on any provision of the current agreement;
to the contrary, the carrier's action is fully supported by the terms of the
current agreement, by custom, practice and understanding.
The respondent carrier reserves the right, if and when it is furnished
with ex parte petition filed by the petitioner in this case, which it has not
seen, to make such further answer and defense as it may deem necessary
and proper in relation to all allegations and claims as may have been advanced
by the petitioner in such petition and which have not been
answered in this,
its initial answer.
Data in support of the Carrier's position have been presented to the
Employes' representative.
(Exhibits not reproduced).
OPINION OF BOARD:
The docketed claim is from Alapaha~ Georgia.
Facts, so far as relevant, do not differ materially from those in Award No.
6954, same parties, same rules, and this day decided. Accordingly, that
Opinion and Award govern in this docket.
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 Employe involved in this dispute are respectively
Carrier and Employe 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 on basis of claim at issue and Employe statement of position, the
Agreement was not violated.
AWARD
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 12th day of April, 1955.