NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
PACIFIC ELECTRIC RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Pacific Electric Railway, that:
1. The Carrier violates the parties' agreement at Inglewood,
California when, on October 24, 1958, it issued instructions removing
from the scope of said agreement the work of signing bills of lading
and waybilling carload shipments, and related work outside the
assigned hours of the agent, Monday through Friday, and on Saturdays and Sundays (rest days of claimant) and on holidays, by assigning said work to conductors and to employes not covered by the
agreement at another station.
2. The Carrier shall, because of the violation set out above, commencing January 3, 1959 and so long thereafter as the violation complained of continues, compensate E. Cook, the regularly assigned agent
at Inglewood, and/or his successor, one special "call" for each violation. The number of such violations are to be determined by a joint
check of the Carrier's records.
EMPLOYES' STATEMENT OF FACTS:
There is in evidence an Agreement by and between the parties to this dispute effective August 1, 1955 (except
as otherwise indicated) and as amended.
Addendum No. 1 is the Wage Scale. Listed in the Wage Scale is the
Agent's position at Inglewood, California. This same listing appears in the
first Agreement between these same parties effective September 16, 1934.
During the period in which this agency has been subject to a collectively
bargained agreement, the Agent at this one-man station has performed all of
the work in connection with the signing of bills of lading and the waybilling
of shipments both inside and outside of his assigned hours, including such
work arising on Saturdays, Sundays, and holidays, at his station.
The Carrier maintains freight lines in Southern California, with Redlands,
California the eastern terminus. The Carrier's lines link most of the important
cities of southern California, into a network of railroad operation serving this
industrialized area.
L6261
12992-29
654
OPINION OF BOARD:
This case is between the same parties as involved
in Award 12991 where precisely identical issues were presented and determined.
Nothing could be contributed by any further discussion of the issues.
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 21st day of October 1964.