THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Bessemer and Lake Erie Railroad, that:

(1) The Carrier is in violation of the agreement between the parties when it combined the work of the Clerk Operator with the work of the Agent at Girard, Pa., each Monday, beginning with the first Monday, following September 1, 1949, continuing until the violation is corrected, requiring the Agent to perform such combined duties on each such Monday, the assigned rest day of the Clerk Operator, and





POSITION OF EMPLOYES: There is an Agreement in effect between the parties which by this reference is made a part of this submission. The Employes point out the following Rules in support of their claim:



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on the same seniority roster (Rule 17); and both are paid an hourly rate of pay.


Without prejudice to its position, as previously set forth, the Carrier further asserts that the Organization's claim if no available extra Agent and/or extra Clerk-Operator for eight (8) hours' pay at time and one-half rate in favor of Clerk-Operator H. V. Hilgendorf and for Agent W. B. Miller for eight (8) hours at time and one-half rate for work not performed on Monday and Saturday, respectively, also where a holiday is involved, is contrary to the well-established principle consistently recognized and adhered to by the Third Division of the National Railroad Adjustment Board, that the right to work is not the equivalent of work performed under the overtime and call rules of an Agreement. (See Awards 4244, 4645, 4728, 4815, 5195, 5437, 5764, 5929, 5967 and others.)


The Carrier points out that although the assignments on which these claims are based have been in effect since September 1, 1949, no claim or protest was registered until October 17, 1952, over three (3) years after the first occurrence and the claims should be barred.


The Carrier's position in this case is supported by Third Division, National Railroad Adjustment Board, Award No. 6001, Docket No. TE-5926, the Order of Railroad Telegraphers vs. Union Pacific Railroad Company, Eastern District, with Referee Carrel R. Daugherty participating, which denied a claim similar to the claim in the instant case, account the duties of an Agent and TelegrapherClerk being combined on assigned rest days; also, its companion Award No. 6002, Docket No. TE-5927, the Order of Railroad Telegraphers vs. Union Pacific Railroad Company, Eastern Districts.


In Third Division Award No. 6946, Docket No. TE-6671, the Order of Railroad Telegraphers vs. the Atchison, Topeka and Santa Fe Railway Company (Eastern Lines), with Referee Edward F. Carter participating, a like claim was denied.


This dispute has been handled in the usual manner up to and including the chief operating officer of the Carrier as prescribed by the Railway Labor Act. All data submitted in support of the Carrier's position were presented to the employes and made a part of the particular question in dispute.




OPINION OF BOARD: In its essential aspects, this claim is not distinguishable from the claim which led to our Award No. 10236. We see no valid reason for reaching a different result in this case and accordingly hold that the instant claim lacks merit.


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 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

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    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 17th day of April 1962.