CHICAGO, ROCK ISLAND
AND PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Rock Island and Pacific Railroad that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement by and between the parties hereto, bearing an effective date of August 1, 1947 as to rules and working conditions, and of September 1, 1947, as to rate of pay.
In support of the charge of violation, Employes rely on Rules 1 and 41, and Memorandum No. 1 of that agreement, and on Rules 13-(b) and 16-(m) thereof as the basis for proper compensation. Each rule will be quoted and discussed as the Employes' Statement of Position is developed.
This is a companion case to the dispute just submitted to your Board at Carrier's El Reno, Oklahoma, Yard office and, except for minor dissimilarities in Item 3 of the Statement of Claim, and in Employes' Exhibits covering miscelleneous consist reports, is identical with that dispute.
typewriter at Ft. Worth in accordance with the provisions of Memorandum 1. "Around-the-clock" telegraph assignments continued in effect at Ft. Worth. No telegraphic work was assigned to clerks so as to make it necessary to summon a second telegrapher and pay him under the provisions of Article 13 - the call rule, or pay overtime to have such work performed.
Again we reiterate for purposes of emphasis, that what had happened at Fort Worth on September 9, 1950 had happened at Silvis, Kansas City, Blue Island and Herington in 1938, and later at other stations when the teletypewriters were installed.
The 1947 Agreement specifically excepted wheel reports, thus prepared, from the scope of the Telegraphers' Agreement, and released the Carrier from any claim from telegraphers when clerks operated the teletypewriters in connection therewith.
Basically the wheel reports remain as the documents which were the subject of Memorandum 1 in 1947 when the memorandum was written to except preparation of wheel reports from the provisions of the Telegraphers' Agreement under the conditions prescribed therein.
As such there is no violation of the Telegraphers' Agreement when clerks prepare the wheel report by teletypewriter for transmission by telegraphic department employes. Therefore, the Carrier has declined the claim and respectfully requests your Board to do likewise.
It is hereby affirmed that all of the foregoing is, in substance, known to the Organization's representatives.
OPINION OF BOARD: The Claimants and Carrier having agreed that the facts upon which the present claim and the principles therein are based, are similar to those expressed in Award No. 10820, the award made in Award No. 10820, is controlling herein.
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