Award No. 13497
Docket No. TE-13453
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
SOUTHERN PACIFIC COMPANY
(Texas and Louisiana Lines)
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Southern Pacific Company (Texas &
Louisiana Lines), that:
1. Carrier violated the terms of the parties' Agreement because,
on July 26, 27 and August 1, 1961, it required or permitted employes
not covered thereunder to handle train orders at Bridge 61.14, near
Winchester, Texas.
2. Carrier shall be required to pay a day's pay to Telegraphers
K. A. Voelker for each July 26 and 27, 1961, and M. E. Swenson for
August 1, 1961.
EMPLOYES' STATEMENT OF FACTS: On May 26, 1961, a westbound
freight train, destined for San Antonio, Texas, became derailed at Bridge
51.14, which crosses the Colorado River near Winchester, Texas, and caused
severe damage to the Bridge.
Upon receipt of information that a telephone had been installed at the
location of the derailment for handling communications of record, General
Chairman Newman wrote Mr. L. C. Albert, Manager of Personnel on May
26, 1961, as follows:
"This confirms my conversation of today in regard to the establishment of communications service at the Colorado River near Win.
chester where a derailment occurred within the past 24 hours. I understand that a telephone has been installed at the scene of the derailment for the handling of communications of record. It is well known
that work trains engaged in picking up derailed cars and thereafter
in the work of reconstructing the bridge will need train orders and
there will be other communications likewise. This is therefore to
reiterate my request that the work of handling these communications
of record be delegated to the telegraphers for performance and that a
telegrapher be placed on the scene for that purpose.
The establishment of communications service at that point will
require the services of a telegrapher and the work to be done is
work coming within the scope of the Telegraphers' Agreement."
[4261
13497-a9
464
For the reasons stated above, this case is entirely devoid of merit and
validity and should be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
The issues, parties and Agreement involved in
this Claim are the same as in Award No. 18491. For the reasons stated in
that Award we will deny this Claim.
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 respecr
tively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1954;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1985.