NATIONAL RAILROAD ADJUSTMENT 130ARD
THIRD DIVISION
Edward A. Lynch, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
MISSOURI PACIFIC LINES (In Texas and Louisiana)
STATEMENT OF CLA131:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Missouri Pacific Lines (In Texas and
Louisiana) that:
(1) Carrier violated the Agreement between the parties hereto
when, commencing September 1, 1949, the Agent-Telegrapher at
Angleton, Texas, was then, and is now relieved on Satufday and
Sunday, his assigned rest days by a clerk, (an employe not coming under the purview of the Scope Rule of The Order of Railroad
Telegraphers' Agreement), instead of relieving this Agent-Telegrapher with a telegrapher.
(2) Carrier shall be required to compensate Agent-Telegrapher
H. E. Middleton, the regular incumbent at Angleton, Texas, for 8
hours at the time and one-half rate for each such Saturday and Sunday he has been so relieved.
(3) That other employes who have relieved Middleton from
time-to-time shall likewise be compensated, dates to be determined
by a joint check of ,Carrier's pay rolls.
EMPLOYEE' STATEMENT OF FACTS AND POSITION:
There is in
full force an Agreement between the Missouri Pacific Lines (in Texas arid
Louisiana), hereinafter referred to as Carrier or Company, and The Order
of Railroad Telegraphers, hereinafter referred to as Organization or Employes. The Ageement in effect on September 1, 1949, became effective
October 15, 1940, revised as of March 1, 1952, and are, by reference, made
a part of this submission as though copied herein word for word.
The dispute was processed and handled on the property, in the usual
manner, and in accordance with the Railway Labor Act, as amended, to the
highest officer designated by the Carrier to handle such claims, and denied.
The issue here concerns improper rest day relief, by the use of a clerk
instead of a telegrapher on each Saturday and Sunday for the period stated.
It is contended by Employes that this constitutes improper rest day relief
[304]
8369-23
326
OPINION OF BOARD:
Because the Organization has failed, in the record
here before us, to prove that the work in question belonged exclusively to
telegraphers, this claim will 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 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: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 13th day of June, 1958.