NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Frank Elkouri, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY (Coast Lines)
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Atchison, Topeka & Santa Fe Railway
that:
(1) Carrier violated the terms of the Agreement between the
parties when, beginning on Monday, December 4, 1951, one of the
rest days of the telegrapher-clerk, and continuing each Monday
thereafter, it required a combination of the work of the position
of agent-telegrapher with that of telegrapher-clerk, at Inglewood,
California.
(2) Carrier shall pay the senior idle extra employe on the
district involved an amount equivalent to eight (8) hours at the
straight time rate for each Monday, beginning Monday, December
4, 1951, that the occupant of the agent-telegrapher position at
Inglewood, California, is required to perform the work of and act
as rest-day relief employe in filling the telegrapher-clerk's position
at that point. If there be no such idle extra telegrapher on any of
the Mondays involved, the Carrier shall pay the regular occupant
of the telegrapher-clerk's position, an amount equivalent to eight
(8) hours at the time and one-haf rate because he was not used
in preference to an employe (agent-telegrapher) who holds an assignment to another separate and distinct position, to fill said position on each of the Mondays aforesaid.
EMPLOYES' STATEMENT OF FACTS: An Agreement between the
parties bearing effective date of June 1, 1951, is in evidence.
The Carrier maintains a station at Inglewood, California, at which,
prior to December 5, 1951, there were assigned two employes covered by
the Telegraphers' Agreement, as follows:
Agent-Telegrapher 8:00 A. M. to 4:00 P. M. Rest days, Saturday-Sunday
Telegrapher-Clerk 2:00 P. M. to 10:00 P. M. Rest days, Saturday-Sunday
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Likewise, without prejudice to or receding from its position, as previously set forth herein, that the claim of the Employes in the instant dispute
is entirely without support under the Agreement rules, and should be denied
on the basis of Awards 6946, 6947 and 6948, the Carrier further asserts that
the Employes' claim for eight (8) hours at penalty time and one-half rates
in behalf of the telegrapher-clerk on Mondays account 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.
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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:
This case is a companion case to that involved
in Award 8136. The Agent-Telegrapher and the Telegrapher-Clerk involved
herein are both covered by the Telegrapher Agreement and hold common
seniority in the same seniority district. For the reasons stated in the
aforementioned Award the Claim herein must be denied.
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 Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 19th day of November, 1957.