NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
CHICAGO GREAT WESTERN RAILWAY COMPANY
THE ORDER OF RAILROAD TELEGRAPHERS
STATEMENT OF CLAIM: (3) Carrier's file 0-166. Claim No. 707-516
by the General Committee of The Order of Railroad Telegraphers on the
Chicago Great Western Railway that:
(a) the Carrier violated the terms of the Agreement between
the parties when on September 26, 1953, it required or permitted the
train crew on Extra 101 North to copy for themselves the following
message:
Message: From St. Paul 9/26/53 - 2 P. M. to C & E Extra 101
North via Radio passing Nerstrand.
Highball all work and go directly to State Street acct motors
needed for No. 41. S/gd CBA
The above message was given to the operator on duty at Randolph, Minnesota to relay to the crew of Extra 101 North via radio.
The Carrier should have called the Agent-Telegrapher employed at
Nerstrand, Minnesota to perform this work. They did not do this and
when the Agent-Telegrapher at Nerstrand claimed call payment for
this violation his claim was denied. And it is claimed that:
(b) as a result of this violation the Carrier shall now compensate the Agent-Telegrapher employed at Nerstrand, Minnesota, Mr.
P. M. George, in the amount of a call allowance of two hours pay at
the time and one-half rate and for whom such compensation is claimed.
EMPLOYES' STATEMENT OF FACTS and
POSITION OF EMPLOYES:
The above Carrier described cases are not ready for consideration and action
by your Board. They are a group of unsettled disputes involving this Carrier
and this Organization which have not been handled to conclusion on the property and the right of this Organization to endeavor to settle them by further
negotiations or by means other than National Railroad Adjustment Board
pursuant to Article V, Section 5, of the Agreement of August 21, 1954, has
been challenged by the Carrier in the Courts.
[2857
10462-3
287
Exhibit "A" is attached hereto and made a part hereof as if fully set forth
herein.
(Exhibits not reproduced.)
OPINION OF BOARD:
This case is the same as in Award 10460, in all
material respects. For the reasons stated in that award, this claim should be
dismissed.
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 claim is barred by Section 2 of Article V of the National Agreement of August 21, 1954.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois this 29th day of March 1962.