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:
1. Carrier violated the Scope, Seniority and other rules of the
Telegraphers' Agreement when on Friday, April 26, 1957, it caused,
required or permitted Conductor T. K. Brawn, an employe not covered by the Telegraphers' Agreement, to transmit communications of
record by telephone and/or to handle (receive, record and deliver)
train order No. 35 at Buford, Georgia.
2. Carrier shall compensate Telegrapher J. J. Youngblood, the
regularly assigned telegrapher to relief group No. 7, with assigned
rest days of Thursday and Friday of each week, or the senior idle
telegrapher, idle or otherwise entitled to perform such work under
the Telegraphers' Agreement, seniority district Charlotte Division, for
one day's pay (eight hours) at the average prevailing rate for such
employes on this division.
3. Further, the Carrier shall consider this as formal claim for
the above described incident and for each subsequent similar incident
occurring on the seniority district, Charlotte Division, for the senior
employe idle on the dates of such occurrence and otherwise entitled
to the work, shall be paid the equivalent of one day's pay.
EMPLOYES' STATEMENT OF
FACTS: On or about Friday, April 26,
1957, at 6:01 A. M., Conductor T. K. Brown, on work extra 6217, used the
telephone to communicate directly with the trick train dispatcher from Buford,
Georgia. Conductor Brown sent the following message:
"This is T. K. Brown, I would like to use track No. 2 here at
Buford to get my train together."
Dispatcher then advised Conductor Brown that he could not let a train
work without having a written record of his call on the train sheet. Conductor
Brown then proceeded to send the following message, commonly called "A
Call" to the dispatcher:
[5081
12168-17
524
Carrier, not having seen the ORT's submission, reserves the right, after
doing so, to present such additional evidence and argument as may be necessary.
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 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 RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1964.