NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J. Moore, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY -COAST LINES
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Atchison, Topeka & Santa Fe Railway System; that
1. The Carrier violated and continues to violate the Agreement
between the parties when, beginning February 2, 1954, without conference or agreement it removed the work of transmitting interchange reports from the Telegraphers' Agreement and the employes
covered thereby at Argentine, Kansas, and delegated its performance
to persons not so covered; and
2. The Carrier shall restore said work to the scope of the Telegraphers' Agreement to be performed by employes covered thereby;
and
3. For each and every eight hour shift said work is performed
by employes outside the Agreement at Argentine, the Carrier shall
compensate the senior idle extra telegraph service employe on the
seniority district in an amount equivalent to a day's pay at the
printer clerk rate applicable to the positions under the Agreement
at "AY" Argentine, or, if there be no such idle extra telegraph
service employe, then, the Carrier shall pay the senior regularly
assigned telegraph service employe, idle on a rest day, a day's pay
at the time and one-half rate of his position.
EMPLOYES' STATEMENT OF FACTS:
An Agreement between the
parties bearing effective date of Tune 1, 1951, is in evidence.
In its yard office at Argentine - on the outskirts of Kansas City,
Kansas, the Carrier maintains a relay telegraph office in which it employs
a manager-wire chief and an average of some eight printer clerks in around the
clock service. As indicated at page 90 of the Agreement all of these positions and the incumbents thereof are covered by said Agreement.
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The Carrier is uninformed as to the arguments the organization will
advance in its ex parts submission and accordingly reserves the right to
submit such additional facts, evidence and argument as it may conclude
are required in reply to the organization's ex parte submission or any
subsequent oral argument or briefs presented by The Order of Railroad
Telegraphers in this dispute.
All that is herein contained has been both known and available to the
employes and their representatives.
(Exhibits not reproduced.)
OPINION OF BOARD:
This dispute is between The Order of Railroad
Telegraphers and The Atchison, Topeka and Santa Fe Railway Company.
In 1954 the Carrier installed teletype machines in its yard offices at
Argentine, Kansas. The Carrier assigned the operation of these machines
to clerical employes. The teletype machines are connected to reperforators
located in telegraph offices.
Petitioner alleges that this violates the Agreement because this work
belongs exclusively to telegraphers.
Carrier contends "inter alia" that the facts do not support Petitioner's
claim.
After careful examination of the Record, we find that the facts and
circumstances are substantially the same as in four previous awards by
this Board. (See Awards 8538 - Coburn, 9005, 9006 Dougherty, 9454 -
Grady)
We find that the awards are in point, and therefore hold that Claimants
have not established their exclusive right to perform the work in question,
either
through practice
on the property or under the terms of the Agreement.
For the foregoing reasons the claim must be denied.
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 Agreement was not violated.
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AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day of July 1962.