NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Jim
A.
Rinehart, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
WABASH RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Wabash Railroad, that:
(1) The Carrier violated the parties' Agreement when, at
Bement, Illinois, it permitted or required a Track Supervisor, an employe not covered by the Agreement, to transmit a message over the
telephone to 'XD' Relay Office, Decatur, Illinois, at 10:40 A. M., Sunday, April 14, 1957, a rest day of claimant's position.
(2) The Carrier shall, because of the violation set forth above,
compensate Roy Veech, regularly assigned Agent-Telegrapher, Bement, Illinois, a minimum call as provided by Rule 7, Section 2, B (1)
of the parties' Agreement.
EMPLOYES' STATEMENT OF FACTS:
There is in evidence an Agreement by and between the parties to this dispute effective September 1, 1955,
as revised.
At Page 28 of this Agreement are listed the positions in existence at
Bement, Illinois, on the effective date of the Agreement.
Location Title Rate per hour
Bement ATL $2.12%
2nd TL 1.901A
3rd TL 1.90%2
The rate of the positions has been increased as a result of collective bargaining, and in accordance with the cost-of-living adjustment Agreement of
November 1, 1956.
On or about December, 1956. pursuant to the installation of Centralized
Traffic Control
through the Bement territory, the second and third shift
telegrapher-leverman positions were abolished.
[1987
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transmitting communications of record by telephone at Bement, Illinois. * " ·,·
as the Carrier did not agree to the inclusion of provisions in the agreement
which necessarily would have to be there in order to support the Committee's
contention of a violation in this case.
The claims should be denied.
The Carrier affirmatively states that the substance of all matters referred
to herein has been the subject of correspondence or discussion in conference
between the representatives of the parties to this dispute.
(Exhibits not reproduced.)
OPINION OF BOARD:
On Sunday, April 14, 1957 at about 10:40 A. M.
Supervisor R. C. Miles transmitted the following transportation message over
the telephone from his office at Bement to "XD" Office at Decatur, Illinois:
"Bement Ills April 14th 1957
"JNS
JCJ
MWH
JWM Decatur Ills
"Call work train at Bement for 5 A. M. April 15th pick up at Decatur
on track 29 west bound yard ten cars slag ballast run to Bement and
pick up NYC 951237 on west end of No 2 track run to Homer and
work between Homer and Fairmount tie up at Decatur
"R C Miles
1040 A. M."
Claimant asserts that the message was a communication of record concerning the movement of trains and that he was deprived of work belonging
to him as a telegrapher under the existing agreement between the parties.
This identical question between the same parties involving a message in
substance the same as the one here, has been passed on by this Board in
Award 11401 (Hall). That decision is in our opinion sound and we adopt and
follow it.
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.
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220
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 5th day of August 1963.