NATIONAL RAILROAD ADJUSTMENT BOARD
Raymond E. McGrath, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
-WESTERN LINES -
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 the agreement between the parties when,
on or about September 1, 1953, without conference or agreement, it
arbitrarily removed the work of transmitting and receiving wheel
reports from employes covered by the Agreement at Belen. New
Mexico and La Junta, Colorado, and delegated the performance of
said work to persons not under the Telegraphers' Agreement; and
2. The Carrier further violated the Agreement when, on or about
February 11. 1954 it removed the work described in Item I above from
employes under the Telegraphers' Agreement at Dodge City, Kansas
and Clovis, New Mexico and delegated the performance thereof to
persons not covered by the Agreement; and
3. For each and every 8 hour shift, on a day to day basis, that
telegraphic communications work is performed by employes not under
the Telegraphers' Agreement at the above named stations the Carrier
shall be required to pay each of the four senior idle extra telegraph
service employes the equivalent of 8 hours' pay at the rate applicable
to each location, and, if there be no such idle extra employe the Carrier shall pay each of the four senior regularly assigned employes idle
on rest days the equivalent of eight hours' pay at the time and onehalf rate of their regular positions for each 8 hour shift the violation
continues.
EMPLOYES' STATEMENT OF FACTS:
An Agreement between the
parties bearing effective date of June 1, 1951 is in evidence.
This dispute involves the removal of work covered by the Scope of the
Agreement from the employes covered thereby and delegation of said work
to employes not covered by said agreement at four separate stations on one
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(4) The Employes' long delay in pressing for a final determination of the controversial issue which is the subject of the parties'
disagreement requires a denial of the Employes' claim in the instant
dispute.
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:
The claims and the issues presented in this
docket are the same as those ruled on the following Dockets:
TE-7855 - Award
No.
8538
TE-7924 - Award
No.
9005
TE-7925 - Award No. 9006
TE-8047 - Award No. 9454
TE-7969 - Award No. 10683
TE-8008 - Award No. 10776
TE-8007 - Award No. 10817
As to the facts--only the names of the Claimants and the place and dates
of the alleged violations are different. The same issues have been decided in all
of the above enumerated awards.
It follows that the Board's ruling here must be the same as in the above
mentioned cases. The instant claims 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 Carrier did not violate the Agreement.
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273
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of October 1962.