THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
EMPLOYES' STATEMENT OF FACTS: The foregoing incidents of violation, as cited by dates, train order numbers and trains to whom the orders were addressed, are reflected from nine separate claim files timely handled on the property between the parties, without any degree of variation. Typical of said claims is the one covering violations occurring July 3, 5, 7, 10, 12 and 14, 1961. In order to spare the record we will address ourselves to that particular claim file with the understanding that it will be considered as representative of and applicable to all claims included in this docket.
Carrier's main line of railroad extends from Fort Smith, Arkansas northwestwardly to Wichita, Kansas, a distance of approximately 320 miles. Arkansas City, Kansas, is approximately 50 miles southeast of Wichita; Muskogee, Oklahoma, is approximately 110 miles north and west of Fort Smith. A rough sketch of the line Wichita to Muskogee is attached as Employes' Exhibit A. Included also are segments of the Missouri Pacific Railroad which are mentioned from time to time in this submission. 13920-zo 315
The train crews in this instance are handling their own orders, as contemplated by the agreement, not someone else's!
Delivery of train orders by a telegrapher to a crew in Wichita to be executed at MoPac Jet. (Midland Jet.) is not a violation of the Telegraphers' Agreement; therefore, we respectfully request that the employes' claims be denied.
Since this is an ex parts case, this submission has been prepared without seeing the employes' statement of facts or their contention as filed with the Board, and the Carrier reserves the right to make a further statement when it is informed of the contention of the petition, and requests an opportunity to answer in writing any allegation not answered by this submission.
OPINION OF BOARD: The Western Subdivision of the Midland Valley Railroad extends from Wichita, Kansas to Pawhuska, Oklahoma. Between Arkansas City and Silverdale, Kansas lies a nine-mile track which is owned by the Missouri Pacific Railroad and over which the Midland Valley Railroad operates its trains under a trackage agreement. At Arkansas City, approximately eight-tenths of a mile from the Midland Valley Junction, is a one-man station where Claimant, Mr. I. L. Henson, is the regularly assigned AgentTelegrapher. Before these claims arose, train orders were received directly from the Missouri Pacific Train Dispatcher at Coffeyville, Kansas, by the Midland Valley Telegrapher-Agent at Arkansas City who copied them and personally delivered them to the train crew. When the Midland Valley train arrived at Arkansas City from Wichita outside the Agent-Telegrapher's assigned hours, he was held on duty or called in to handle the train orders on an overtime basis.
Under a new policy, train orders originating from the Missouri Pacific Train Dispatcher at Coffeyville, Kansas, were transmitted by him to the Midland Valley Train Dispatcher at Muskogee, Oklahoma, who in turn transmitted them to the Midland Valley operator at Wichita. This operator copied them on Missouri Pacific forms and personally delivered them to the train crew.
Claimant Agent-Telegrapher Henson contends that when the Missouri Pacific Train Dispatcher sent these orders via Muskogee to the Train Dispatcher on the Midland Valley, Carrier violated the Telegraphers' Agreement, particularly Rule 4. He maintains that the manner employed to furnish train orders at Wichita was for the sole purpose of depriving Claimant of work attaching to his position at Arkansas City, where the orders were delivered and were to take effect. Furthermore, Claimant takes the position that the trains and their crews which the Wichita operator cleared were the Midland Valley trains at that location, whereas the train orders were addressed to the Missouri Pacific trains which were to be established at Midland Valley Junction. Consequently, it argues that the disputed orders were not delivered to these trains until they came into being at the Junction and that the regularly assigned Agent-Telegrapher should have been called for this purpose. In effect, Claimant's position is that the train crew not covered by the Agreement took delivery of train orders from themselves at Arkansas City, and thus deprived the available regular Agent-Telegrapher of work to which he is entitled.
In its denial, Carrier argues that the handling of the train orders was performed by telegraphers, and, hence, there was no violation of the Agreement. x3920-21 316
In determining this dispute the questions to be resolved are whether the employes outside of the Agreement performed telegrapher work and whether Carrier was required to call the Agent-Telegrapher at Arkansas City to handle the train orders at that point where they were to be executed.
Rule 4 provides that no employe other than those covered by the Agreement and Train Dispatchers will be permitted to handle train orders at telegrapher or telephone offices where an operator is employed and is available or can be promptly located. Clearly the purpose of this rule is to prevent encroachment upon work by others not covered by the Agreement. In the instant case, the train orders were delivered by a telegrapher at Wichita to the train crew there. He performed work accruing to his craft.
The train was the same all the way through the trip from Wichita to Pawhuska, Oklahoma, including the strip of track covered between Midland Junction to Silverdale. The train orders the crew received at Wichita were for its own use, rather than for delivery to another train crew at Arkansas City. Although the train orders were addressed Extra MV 154 East at Midland Valley Junction, and this train was to operate from Midland Valley Junction to Silverdale as a Missouri Pacific train, we find that the train crew did not effect the delivery of these orders to the train departing from Midland Valley Junction and thereby substitute for the Agent-Telegrapher at Arkansas City. The handling of the train orders was performed by the AgentTelegrapher at Wichita.
Since the crew and train that received the train orders at Wichita were the same that executed them at Arkansas City and since no employes outside the scope of the Agreement intervened to handle them, we find no violation of the Agreement. Our findings are consistent with Award No. 6609, Award No. 12 of Special Board of Adjustment No. 506, and Award No. 4 of Special Board of Adjustment No. 266.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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