Docket No. TE-9303
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Robert J. Ables, Referee
PARTIES TO DISPUTE:
CHICAGO GREAT WESTERN RAILWAY COMPANY
THE ORDER OF RAILROAD TELEGRAPHERS
STATEMENT OF CLAIM:
(13)
Carrier's file
0-135.
Claim No.
707-301
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 it refused to pay Operator L. S. Hickie, employed at
Fair Ground, a call allowance on May
6, 1953,
account of the Switch
Foreman securing a line up of trains from the train dispatcher at
4:29
P. M., a time when no telegrapher was on duty at that point.
Line ups for Switch Crew at Fair Ground is a communication of
information necessary for the operation, and especially the efficient
operation of trains through that switching district. The work of
handling these line ups has always belonged to the telegraphers at
that point and the discontinuance of one telegrapher position at Fair
Ground has caused the transfer of this work to persons not covered
by the Agreement during hours when no telegrapher is on duty at
Fair Ground. And that:
(b) the Carrier shall now compensate telegrapher L. S. Hickie
in the amount of two
(2)
hours pay at the time and one-half rate and
for whom such compensation is claimed. And that:
(c) on any future day or days from May
6, 1953,
that any similar
violation occurs at this point, and continuing until such violations are
corrected, the Carrier shall compensate the senior employe covered
by the Agreement and available for this work and employed at Fair
Ground a minimum of two
(2)
hours pay at the time and one-half
rate for each violation to the Agreement 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
[316]
16472-3
318
Division, National Railroad Adjustment Board, is, accordingly, requested to
so find and deny the payment of this claim.
Exhibit "A" is attached hereto and made a part hereof as if fully set
forth herein.
(Exhibits not reproduced.)
OPINION OF BOARD:
The sole question raised by the Carrier is
whether or not this claim is barred because it was not presented to the Division within the time limit provisions of Article V of the National Agreement
of August 21, 1954. Since the Employes agree that the claim is barred by the
Time Limit Rule of the Agreement, and request that it be dismissed, the
question is moot.
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 moot for the reason that both parties agree it is barred
by the Time Limit Rule of the Agreement.
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.