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
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 and because it has declined and continues
to decline to assign to 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 yard offices at Shopton,
Iowa; Argentine, Kansas; Emporia, Kansas, and Arkansas City,
Kansas.
2. The work of transmitting and/or receiving such communications of record at the locations in (1) above shall be restored to the
agreement and to the employes subject thereto;
3. If the Carrier elects to have such communications of record
performed by the use of printing telegraph machines located in the
yard offices at Shopton, Iowa; Argentine, Kansas; Emporia, Kansas,
and Arkansas City, Kansas, 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, beginning August 3, 1929,
that such communications work is performed by use of printing telegraph machines and/reperforators operated by employes not under
the agreement, the senior available idle extra employe or employes
on the appropriate telegraphers' seniority roster shall be compensated an amount equal to a day's pay at the printer clerk rate applicable to the particular location.
[495]
10817-71
565
(3) The handling complained of is not violative of any rule of the
Telegraphers' Agreement, hence the Employes' claim is entirely
without support under the provisions thereof relied upon by the
Employes.
(4) The Employes' long and unreasonable delay in (a) progressing
their claim in the instant dispute to the Board, and (b) pressing
for a final determination of the controversial issue which is the
basis of the parties' disagreement requires a denial of the Employes claim.
The Carrier is uninformed as to the arguments the organization will
advance in its ex parte 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 is a dispute between The Order of Railroad
Telegraphers and The Atchison, Topeka and Santa Fe Railway Company.
Between 1929 and 1935 the Carrier installed printing telegraph machines
and/or reperforators in the towns stated in claim. The Carrier assigned the
operation of these machines to clerical Employes.
Petitioner contends that this violates the Agreement because this work
belongs exclusively to telegraphers.
After careful examination of the record, we find that the facts and
circumstances are substantially the same as in Award 10683. We find that
Awards 8538, 9005, 9006, 9454 and 10776 by this Board are in point. We 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, we believe there was no violation of the
Agreement.
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.
10817-72
566
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 28th day of September 1962.