NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
NORFOLK SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the Norfolk Southern Railway that:
1. Article 1 and other rules of the Telegraphers Agreement were
violated when and because the Carrier permitted or required:
(a) The section foreman at McCullers, N. C., to transmit a message from McCullers to Raleigh, N. C., by use of
the dispatcher's telephone on January 14, 1957, and
(b) To transmit another message from McCullers to
Raleigh, in the same manner, on January 25, 1957.
2. The senior idle operators, extra in preference, on January 14
and 25, 1957, respectively, shall be paid a day's pay because of such
violations.
3. That the dispatcher's telephone shall be removed from McCullers as required by the (Chicago) Memorandum of Agreement dated
May 20, 1937, or else an operator's position be re-established at that
point, and until that is accomplished the senior idle operator, extra
in preference, shall be paid a day's pay at the rate of $1.966 per hour
for each day the telephone is retained after January 14, 1957.
EMPLOYES' STATEMENT OF FACTS:
The basic agreement between
the parties bears the effective date of August 1, 1937, with amendments from
time to time thereafter. All references to the agreement will bear on rules
or rates of pay currently effective unless otherwise noted.
McCullers, North Carolina, is situated on the Carrier's main line which
extends southwardly from Norfolk, Virginia to Charlotte, North Carolina for
a distance of approximately 386 miles. McCullers is approximately 240 miles
from Norfolk.
McCullers is not listed in the current agreement. It was, however, listed
in the previous agreement of December 16, 1926, as agent-operator at the
rate of 55 cents per hour.
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OPINION OF BOARD:
The claim alleges a violation of the Agreement
because the section foreman at McCullers, North Carolina, used telephone
for the transmission of certain information as to cross-ties received and unloaded by the foreman.
The same issue between the same parties has previously been before the
Division and decided in Awards 10825 and 10836. Those awards are governing
in the present case, and the claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at
Chicago, Illinois, this 14th day of June 1963.