NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
William
N.
Christian, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Southern Railway, that:
1. Carrier violated the Telegraphers' Agreement when on
Wednesday, December 5, 1956, it required or permitted Maintenance
of Way Foreman T. E. Meadows, an employe not covered by the
Telegraphers' Agreement to perform the work of transmitting messages of record by telephone from a phone booth or a portable telephone near Bealeton, Virginia.
2. Carrier shall compensate Mr. P. B. Powell, rest day relief
clerk-telegrapher, Orange, Virginia, who was available and off on
his rest day, for eight hours' pay for the violation December 5, 1956.
Carrier shall compensate in the amount of a day's pay, senior, idle
employe under the Telegraphers' Agreement, Washington Division,
for each and every day such work is performed by an employe not
covered by the Telegrapher's Agreement.
EMPLOYES' STATEMENT OF FACTS:
Bealeton, Virginia is located
52.8 miles from Washington, D. C. and 31.9 miles from Orange, Virginia.
There was an agent-telegrapher position at Bealeton, Virginia for many years
but approximately in the year 1940, the position was abolished.
On December 5, 1956, Maintenance of Way Foreman T. E. Meadows, an
employe not covered by the Telegraphers' Agreement used the telephone
located at Bealeton, Virginia and transmitted to Mr. J. W. Shelton, the Chief
Dispatcher at Alexandria, Virginia, the following message of record:
"FORM 1230 Bealeton, Va. 12/5/1956
JWS Alexandria, Va.
Conditional stop sign will be located at MP 54 and for reverse traffic
Northbound track will be located at MP 52 from 7.30 AM to 4.30
PM December 6th.
T. E. Meadows
Time 1.35 PM"
[4591
11818-21
4 7 9
ORT. Furthermore, former acceptance practices under the agreement in
evidence fully support Carrier's action and negative the claim which the ORT
attempts to assert.
(c) Prosecution by the ORT of the ridiculous demand which it has
here presented is nothing more than part of a concerted effort to create work
for telegraphers and exact money from the railway company for no justifiable
reason whatever. The Board cannot be used as a tool in aiding and abetting
the ORT in exacting money from the company and establishing make-work
schemes, designed to force the carrier to revert to the horse and buggy days
of railroading.
Claim being barred, and the Board having no jurisdiction over it, should
be dismissed for want of jurisdiction. If, however, despite this fact the Board
assumes jurisdiction, it cannot do other than make a denial award.
Carrier, not having seen the ORT's submission, reserves the right after
doing so to make reply thereto.
All evidence here submitted in support of Carrier's position is known
to employe representatives.
(Exhibits not reproduced.)
OPINION OF BOARD: This case is the same in all material respects
as in Docket No. TE-10007, Award No. 11812. We adopt the opinion therein
as determinative of the issues in this case.
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.
AWARD
Claim denied.
NATIONAL RAILII-OAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 25th day of October 1963.