NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA & 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
that:
1. The Carrier violated and continues to violate the Agreement
between the parties when it declined and continues to decline to
assign employes covered by said agreement the work of transmitting
and/or receiving communications of record now being handled by
employes or persons not under the agreement by use of printing telegraph machines located in the Chicago and Los Angeles Reservation
Bureaus;
2. The work of transmitting and/or receiving such communications of record at Chicago and Los Angeles shall be restored to the
agreement and to the employes subject thereto;
3. If the Carrier elects to have the work of handling such communications of record performed by the use of printing telegraph
machines located in the reservation Bureaus at Chicago and Los
Angeles, it shall assign employes from the appropriate telegraphers'
seniority roster to operate such printing telegraph machines including auxiliary machines used in the reperforation of tape in a secondary operation pertaining to the transmission and reception of such
communications of record;
4. For each and every eight hour shift that such communications
work is performed by use of printing telegraph machines and/or
reperforators operated by employes not under the Agreement, the
senior available employes on the appropriate telegraphers' roster
shall be compensated an amount equal to a day's pay at the printer
clerk rate applicable to the particular location.
EMPLOYES' STATEMENT OF FACTS:
Agreements between the parties bearing effective date of December 1, 1938, and June 1, 1951, are. in
evidence.
Many years ago the Santa Fe established a ticket office and reservation
bureau at 179 West Jackson Blvd., Chicago, Illinois, with a telegraph office
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All that is contained herein has been both known and available to the
Employes and their representatives.
OPINION OF BOARD:
The above Claim was originally filed with this
Division on June 15, 1951, and was assigned Docket TE-5828. On May 7, 1954,
it was dismissed without prejudice by the Board by issuance of Award 6604.
The Record reveals that the Organization attempted to revive it by letter
directed to the highest designated officer of the Carrier on March 15, 1955.
Subsequently on the 16th day of August, 1955, the Claim was resubmitted to
this Board and docketed as TE-8070.
At the time that the Organization refiled this Claim, some doubts existed
in regard to whether the Board was empowered to rehear a claim disposed
of by an award of the Board dismissing the claim "without prejudice."
These doubts have since been resolved by a continuing line of Awards.
It is now well established on the Third Division that the Board does not have
jurisdiction to reconsider and/or rehear what in effect is the identical claim
previously disposed of by the Board by a decision dismissing the claim "without prejudice."
Accordingly, this Claim must be rejected on jurisdictional grounds.
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 present Claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1962.