NATIONAL RAILROAD ADJUSTMENT BOARD
Francis M. Reagan, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
NORTHWESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Northwestern Pacific Railroad, that:
1. The Carrier violated the parties' Agreement when it required
or permitted a section foreman and a bulldozer operator, employes
not covered by said Agreement, to copy and handle train lineups by
telephone at Alton and South Fork, California, at a time outside the
assigned hours of the covered employes at these stations.
2. (a) B. J. Vonah, regularly assigned agent-telegrapher, Alton,
California, or his successor, shall be compensated for one special call
each date March 10, 12, 13, 14, 17, 18, 19, 24, 26, 27, 28, April 7, 21
and 25, 1958.
(b) M. E. Dunn, regularly assigned agent-telegrapher, South
Fork, California, or his successor, shall be compensated for one special call each date March 10, 11, 14, 17, 18, 19, 20, 24, 26, 27, 28,
April 15, 18 and 29, 1958.
(c) Claimant Vonah be compensated for one special call each
date subsequent to April 25, 1958 when similar violations occur.
(d) Claimant Dunn be compensated for one special call each
date subsequent to April 29, 1958 when similar violations occur.
NOTE: Actual number of days involved subsequent to April
25 and April 29, 1958, and the compensation due, to be determined by
joint check of Carrier's records.
EMPLOYES' STATEMENT OF FACTS: There is evidence an Agreement by and between the parties to this dispute effective August 1, 1945, reprinted September 1, 1951, including revisions.
At Page 30 of said Agreement are listed the positions in existence at
South Fork and Alton, California on the effective date of the Agreement.
They are:
[7721
13279-31
802
sion Trainmaster, a Division Engineer and two section foremen to the
effect that there has been a well-recognized practice on this property
of permitting foremen to obtain their line-ups when telegraphers are
not on duty, under the circumstances of this case, since 1942, if not
since 1936. While the employes deny the existence of this practice, we
think the proof preponderates in the Carrier's favor. In view of the
failure of the Scope Rule to spell out the work covered by the Agreement, it is our conclusion that the past practices as they existed when
the Agreement was entered into are controlling. See Awards 6032 and
6607."
Also see Awards 6607-8 (Referee Hubert Wyckoff); Award 6032 (Referee
Dudley E. Whiting); Awards 5582-3-4-5 (Referee Francis J. Robertson);
Awards 4265-6 (Referee Curtis G. Shake); Award 3363 (Referee Fred W.
Mesamore.)
CONCLUSION
In view of what has been shown supra, Carrier asserts that claims for
calls subsequent to April 25, 1958, and prior to May 11, 1958, in behalf of
claimants Vonah and Dunn, as covered by Sections (c) and (d), Item 2 of the
claim, are in violation of the agreement signed at Chicago, August 21, 1954,
and therefore this portion of the claim should be dismissed
The Carrier asserts that the other portions of the claim in this docket
are entirely lacking in either merit or agreement support and therefore requests that said claim be denied.
(Exhibits not reproduced)
OPINION OF
BOARD: The parties, facts, and circumstances are not
distinguishable from those in Award No. 8314 (Shugrue).
Award 8314 represents one line of authorities on this question. There is
feapectable authority to support either result.
Consistency in following the award on a property on a question is important.
Award No. 8314 appears well reasoned, not palpably wrong, and will be
followed in this case.
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 has not been violated.
13279--32
803
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 10th day of February, 1966.