NATIONAL RAILROAD ADJUSTMENT BOARD
Carroll R. Daugherty, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Order of Railroad Telegraphers on the Atchison, Topeka & Santa Fe Railway System; that
1. The Carrier violated and continues to violate the Agreement between the parties when, beginning September 1, 1953,
it removed the work of transmitting and receiving wheel reports
from employes covered by the Telegraphers' Agreement at Winslow Arizona, and San Bernardino, California, and delegated the
performance thereof to persons not so covered; and
2. The Carrier shall restore said work to the scope of the
Telegraphers' Agreement to be performed by employes covered
thereby; and
3. For each and every eight hour shift such work is performed by persons outside the Agreement the Carrier shall compensate the senior idle extra employe on the seniority roster in
an amount equivalent to a day's pay at the rate applicable to
the particular location or, if there be no such idle extra employe
the Carrier shall compensate the senior regularly assigned employe
or employes idle on rest days the equivalent of a day's pay at the
time and one half rate for each eight hour shift.
EMPLOYES' STATEMENT OF FACTS:
An Agreement between the
parties bearing effective date of June 1, 1951, is in evidence.
This dispute involves the transfer of telegraphic communications work
from employes covered by the Telegraphers' Agreement to persons not
within its coverage at Winslow, Arizona and San Bernardino, California.
The facts in connection with the respective stations are as follows:
At Winslow, Arizona, the Carrier maintains a relay telegraph office
in which it normally employs a manager-wire chief, day wire chief, night
[5681
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(Exhibits not reproduced.)
OPINION OF BOARD: The claims and the issues presented in this
docket are the same as those ruled on in Docket TE-7924 by Award No.
9005. As to the facts, only the names and the faces-the Telegrapher and
Clerk positions at Winslow, Arizona, and San Bernardino, California, and
their occupants are different.
It follows that the Board's ruling here must be the same as in the above
mentioned case. The instant claims 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 Carrier did not violate the Agreement.
AWARD
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of October, 1959.