PARTIES TO DISPUTE:



UNION PACIFIC RAILROAD COMPANY

(South-Central and Northwestern Districts)


STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Union Pacific Railroad (South Central and Northwestern Districts) that:





EMPLOYES' STATEMENT OF FACTS: There is in full force and effect an agreement between Union Pacific Railroad Company, hereinafter called Carrier or Company, and The Order of Railroad Telegraphers, hereinafter called Employes or Telegraphers, governing wages and working conditions of employes covered thereby. The current agreement became effective on the 1st day of January, 1952.


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In Award No. 7078 (Whiting) the Board held that what was done here did not violate the Telegraphers' Agreement. It took note of the fact that there was on this Carrier no prior practice of awarding all work at one man agencies to the agent at the point and held that in the absence of a prior practice, the one-man agency theory did not apply to this Carrier.





The situation here is identical in all respects to the one involved in Docket TE-6861, Award No. 7078. As such, the force of that award, construed in the light of this record, requires a denial by the Board of the claim covered by this Docket.


All information and data contained in this Response to Notice of Ex Parte Submission are a matter of record or are known by the Organization.




OPINION OF BOARD: The employes state that this dispute concerns a violation of the Scope Rule and Rule 26 of the Agreement. The Carrier failed to permit the agent at Murtaugh, Idaho, a one-man station, to perform work belonging to his position. The compensation claimed for the claimant is for a call on April 8, 1954 and a similar call on April 12, 1954.


The claims set forth by the employes are similar to the claims set forth by the same employes on the same Carrier which resulted in Award No. 7078. The only difference is that this claim refers to a car of potatoes, rather than a car of sugar beets and the one-man agency in this claim is located at

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Murtaugh, Idaho, and the work was performed at Burley, Idaho. The violation complained of in this claim was performed after the assigned hours on a regular assigned day of the claimant and not on a rest day of the claimant, as was the fact in the claim that resulted in Award No. 7078.


We are in accord with the statement found in Award No. 7078 in that it appears that for many years the instructions issued by the Carrier to the agents and conductors have provided that agencies not open twenty-four hours per day would be treated as non-agency stations when employes were not on duty, and carload shipments would be moved on Conductors' Memorandum Way Bill to the first open agency where the train stopped for billing. Award No. 7078 stated that: "There is no evidence that an agent has ever been called on a rest day to bill such carload shipments and since billing cars is not work belonging exclusively to telegraphers, there is no basis for the claim."


In this claim there is no evidence that this agent has ever been called after his assigned hours on his regular work day to bill such carload shipments. There is evidence in the docket that this agent was called on days subsequent to the date of claims. There being no prior practice of calling the agent shown by the employes in this docket to perform the work involved, we must follow the reasoning set forth in Award No. 7078. The Carrier did not violate the Telegraphers Agreement.


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 the Agreement was not violated.



    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 14th day of July 1961.