STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Northern Pacific Railroad, that:
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect a collective bargaining agreement between the Northern Pacific Railway Company, hereinafter referred to as Carrier, or Management, and The Order of Railroad Telegraphers, hereinafter referred to as Employes or Telegraphers. The dispute involved herein was handled on the property in the usual manner through the highest officer designated by Management to handle such disputes and failed of adjustment. Since the dispute involves interpretation of the collective bargaining agreement it is, under the Railway Labor Act, as amended, properly submitted to this board for award.
On Tune 27, 1956, Mr. Archie G. Erskine, Roadmaster, located at Missoula, Montana, issued instructions to Mr. R. R. Hagen, Section Foreman at Forma, Montana, as follows:
All data in support of the Carrier's position in connection with this claim has been presented to the duly authorized representative of the Employes, and is made a part of the particular question in dispute.
OPINION OF BOARD: Claimant, K. E. Branstetter, was an AgentTelegrapher at Perma, Montana when on June 28, 1956 a section foreman, through the use of a telephone, obtained and copied a train lineup from a telegrapher in another city. The lineup was obtained at a time when Claimant was available for this work. Claimant asserts that this work belonged to him and requests two hours pay at time and one-half rate.
The question presented by the claim is whether copying train lineups is work reserved exclusively to telegraph service employes. This point is no longer an open one, having been settled in Award 9998, rendered while the present claim was pending. That case (Docket TE-8689), a dispute between the same parties, involved (according to Carrier's submission here) precisely the same issue as the present case. In fact Carrier, in its submission, made essentially the same arguments and attached the same exhibits used in the present case. The Board, relying upon earlier Awards 7344 and 7345 held that this work belonged to the telegraphers. In Docket TE-8689 Carrier had urged that the earlier Awards were distinguishable on the ground that in those cases the lineups were secured direct from the dispatcher while in TE-8689 the lineup was secured from a telegrapher at another station. This contention was specifically rejected, the Board holding that violation arose from receiving the lineup and that the source from which it was obtained made no difference.
In the interest of stability of decision the Board holds that Award 9998 involving the same issue between the same parties is controlling here.
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 10835-20 945