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
effective January 23 1952 acting unilaterally, it arbitrarily
and capriciously established a less favorable rate of pay for
the position of Agent Telegrapher, Holly Ridge, North Carolina,
than that provided in the Agreement.
(2) Carrier shall be required to restore rate of pay for AgentTelegrapher position at Holly Ridge, North Carolina, to that
prevailing prior to January 28 1952, together with any increases in hourly rate of pay applicable to such position.
(3) Carrier shall be required to compensate E. W. Reeves, AgentTelegrapher (or his successors m such position), Holly Ridge,
North Carolina, the difference between the hourly rate paid
and the hourly rate agreed upon between Carrier and Employes
in the Agreement for such position from January 23, 1952,
until such violation of the Agreement 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 existing 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 Railroad Company, hereinafter
referred to as Carrier or Company, entered into a collective bargaining
agreement concerning wages, hours of service and other conditions of em-
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in 1945, Mr. W. S. Baker's letter dated April 2, 1945 so states,
therefore if the carrier can create new positions by changing the
classifications of work and lower the rates by the same token 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.
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 Holly Ridge, North
Carolina. 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.