TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Florida East Coast Railway (J. Turner Butler and William A. Hallowes, Trustees), that:
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect, a collective bargaining agreement entered into by and between Scott M. Loftin and John W. Martin, as Trustees of the Florida East Coast Railway Company, hereinafter referred to as Carrier or Management and The Order of Railroad Telegraphers, hereinafter referred to as Telegraphers or Employes. The foregoing agreement was effective September 1, 1948 and was amended, effective September 1, 1949. The agreement was adopted in full by successor Trustees of the Carrier, namely, J. Turner Butler and William A. Hallowes.
The dispute submitted herein was handled on the property in the usual manner through the highest officer designated by Carrier to handle such disputes and failed of adjustment. This Division, under the Railway Labor Act, as amended, has jurisdiction of the parties and subject matter.
The questions submitted to this Board are (1) whether the Carrier violated agreement rules in failing and refusing to permit the claimant, who was ready, willing, and able to perform the duties, services, and work required in normal, carrier operation within his regular, weekday assigned hours at
have been the work of a telegrapher to so transmit them, but, where no transmission was necessary or accomplished, the telegraphers' craft had no claim to the work.
Similarly, the fact that the Railway did not need or desire a telegraphic consist of Train 2/343 (the third of the Employes' contentions), lends no support to the instant claim of the employes or as held, in pertinent part, in the Opinion of the Third Division in its Award 8327:
4. Equally devoid of merit is the final contention of the Employes to the effect that a portion of the claimant's work remained to be performed on July 4, consisting of the transmittal of the consist of Train 1/343, since it was performed by the first trick operator on overtime. As developed in Item No. 3, Carriers Statement of Facts, at 2:30 P. M., July 4, the first trick operator had partially transmitted the consist of Train 1/343 which had departed from Bowden Yard at 1:20 P. M. and he remained on duty 25 minutes beyond the end of his assigned tour, or until 2:55 P. M., to complete the transmission of that consist, for which he was paid 25 minutes at overtime rate. There can be no possible support, therefore, for the contention of the Employes that this was work of the claimant, a fact recognized by the first trick operator (J. R. Spivey), who, in a statement dated October 1, 1959, a photographic copy of which is attached as Carrier's Exhibit "A" and by reference made a part of this submission, advised, in pertinent part, that:
Train 1/343 departed from Bowden Yard at 1:20 P. M. on the date involved and the transmission of the consist of this train normally would have been completed before 2:30 P. M., however, as the first trick operator remained on duty for 25 minutes completing this work begun by him during his regular hours, he was paid 25 minutes overtime under paragraph (b) of Article 7 of the Telegraphers' Agreement, which provides:
The transmission of this consist was a part of the work of the first trick telegrapher, begun by him during his regular hours, and was not, therefore, a part of the work of Position No. 24. Any contention of the Employes to the contrary must be denied.
OPINION OF BOARD: The facts and respective contentions of the parties are fully set out in the submissions and need not be repeated here. 13636-21 21