NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Kieran P. O'Gallagher, 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:
CLAIM NO. 1
1. Carrier violated the Agreement when on March 7, 1957, it
caused, required or permitted Mr. C. W. Green, a train conductor, not
covered by the Telegraphers' Agreement, to handle (receive, copy and
deliver) Train Order No. 218 at Brown Summit, North Carolina.
2. Carrier shall compensate R. L. Hendry, idle extra telegrapher,
or the senior idle extra telegrapher, Danville Division Seniority District, on March 7, 1957, for one day (eight hours) at the rate of $1.96
per hour, minimum pro rata telegraphers (telephoners) rate on this
seniority district, for the violation aforesaid.
CLAIM NO. 2
1. Carrier violated the Agreement when on March 22, 1957, it
caused, required or permitted Mr. R. H. Thompson, a train conductor,
not covered by the Telegraphers' Agreement, to handle (receive, copy
and deliver) Train Order No. 221 at Thomasville, North Carolina.
2. Carrier shall compensate R. L. Hendry, idle extra telegrapher,
or the senior idle extra telegrapher, Danville Division Seniority District, on March 22, 1957, for one day (8 hours) at the rate of $2.10 per
hour (pro rata rate for telegraphers (telephoners) on this position)
for the violation aforesaid.
EMPLOYES' STATEMENT OF FACTS: On March 7, 1957 at 12:57
P. M., Conductor C. W. Green of Extra 6212 North, while at Brown Summit,
North Carolina, copied the following train order by the use of the telephone.
Train Order No. 218 reads as follows:
[4677
12165-15
481
(d) The ORT has long since conceded the point here at issue.
(e) Prosecution of the claims and demands here made by the
ORT is nothing more than an effort to establish a make-work scheme
under which the telegraphers would benefit at the expense of the
Carrier.
The Board, being bound by law to interpret the agreement between the
Carrier and its telegraphers, and being prevented from making rules or creating make-work schemes, has no alternative but to make a denial award.
All evidence submitted in support of Carrier's position is known to employe representatives.
Carrier, not having seen the ORT's submission, reserves the right, after
doing so, to reply thereto.
OPINION OF BOARD:
This case is the same in all material respects
as in Docket No. TE-9988, Award No. 12150. 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 bearing 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 RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1964.