Award No. 13267
Docket No. TE-13132
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J. Moore, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
READING COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
or Railroad Telegraphers on the Reading Company, that:
1. Carrier violated the Agreement between the parties when it required
or permitted train service employes to handle train orders at Corsons, Pennsylvania, on July
5 11, 18, 19,
August
1, 3, 1960,
at a time when the AgentTelegrapher was off duty.
2. Carrier shall be required to compensate W. Balcer, Agent-Telegrapher,
Corsons, in the amount of a call payment on each date set forth above.
EMPLOYES' STATEMENT OF FACTS:
The Agreement between the
parties, effective April
1, 1946,
corrected September
1, 1951,
as amended and
supplemented is available to your Board and by this reference is made a part
hereof.
Corsons, Pennsylvania, is a station on the Philadelphia Division of this
Carrier's lines. There is one position under the Agreement at this station,
Agent-Telegrapher, with assigned hours
7:45 A.
M. to
4:45
P. M. (one hour
meal period 11:00 A. M. to 12:00
N.),
assigned rest days Saturdays and Sundays, not filled on rest days. It is a one-man station. W. Balcer is regularly
assigned to the position of Agent-Telegrapher at Corsons.
Order
Date No. To At Copied By Title Time
7- 5-60 322
Wk. Exa.
632
SN Corsons W. Harple Condr.
4:46PM
7-11-60 320
Wk. Exa.
503
SN Corsons W. Harple Condr.
5:03PM
7-18-60 324
Wk. Exa.
483
SN Corsons W. Harple Condr.
5:53PM
7-25-60 319
Wk. Exa.
504
SN Corsons W. Harple Condr.
4:51PM
8- 1-60 322
Wk. Exa.
521 SN
Corsons W. Harple Condr.
5:23PM
8- 3-60 323
Wk. Exa.
521
SN Corsons W. Harple Condr.
4:49PM
Article
34
of the Agreement reads as follows:
ISr8)
13267-6
573
The denials of this claim by Mr. Hunter and Gauntt
are that these train orders were handled via an employe
under the scope of our agreement, the fact that similar claims
on this property were allowed also was not disputed.
It is therefore our contention that our current agreement
was violated, Scope Rule 1 and Article 34, which are supported by numerous awards of the Third Division Adjustment Board, and also cases handled on this property as outlined in appeal to Mr. Gauntt.
Please advise allowing this claim.
Following investigation of the claim, Carrier replied to the above by letter of
February 7, 1961, reading as follows:
"Referring to your letter dated January 12, 1961, file P-167-34-60,
in connection with handling of train orders at Corsons on certain
stated dates in July and August of 1960:
It is my understanding these train orders in each instance
were handled thru Towermen at 'Kelb' Norristown, employes under
the scope of your agreement. I, therefore, see no violation of Rules 1
or 34, nor any other rules of your agreement, and your claim is
respectfully denied."
As set out in the foregoing letter, it is the position of the Carrier that the
handling in the instant claim did not violate provisions of Article 1 and 34
nor any other rules of the schedule agreement, and Carrier, therefore, submits
that the instant claim should be denied in its entirety.
OPINION OF BOARD: This dispute involves the handling of a train order
at a location where an Agent-Telegrapher was assigned but off duty. An
employe not under the Telegrapher Agreement handled the train order. The
Carrier contends that the Claimant was not available.
It is incumbent upon the Carrier to show that the Claimant was not
available nor could be promptly located. There is no evidence in the record to
support the contention that he was not available and or could not be promptly
located.
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 violated.
13267-7
574
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 5th day of February, 1965.