NATIONAL RAILROAD ADJUSTMENT BOARD
William E. Coburn, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the Pennsylvania Railroad, that:
E. C. Butler, extra operator, be paid for eight hours, for September 15, 1959, account Order No. 20 delivered to track car drivers
at Keating Summit by MofW Foreman. Foreman drove to "NR"
Block Station in his automobile, got Order No. 20, and took same to
Keating Summit delivering it to track car drivers at that location. Had
he not delivered order in this manner, crew at Keating Summit would
be unable to start work. This was done to avoid penalty, the only
other alternative in getting the crew to begin work for operator at
"NR" to telephone order there and thus deliver it the proper way
and addressing same to where equipment was actually located.
EMPLOYES' STATEMENT OF FACTS: The facts in this case are fairly
well stated by the following correspondence exchanged by the parties on the
property. The District Chairman lodged the claim with the SuperintendentPersonnel, who responded as follows:
"Buffalo 4, New York
3-V
Mr. V. F. Lagonia
Local Chairman, 0. of R.T.
Hillcrest Acres
Emporium, Pa.
Dear Sir:
This refers to the following subject which was discussed at our
meeting on November 13, 1959:
NORTHERN REGION-NORTHERN DISTRICT
N-69-Claim of E. C. Butler, Extra Operator, for eight
hours for September 15, 1959, account Order No. 20 Delivered
[685]
13949-23
707
III. Under The Railway Labor Act,
The National Railroad Adjustment Board, Third Division, Is Required To Give Effect To
The Said Agreement, And To Decide The Present Dispute In
Accordance Therewith.
It is respectfully submitted that the National Railroad Adjustment Board,
Third Division, is required by the Railway Labor Act, to give effect to the
said Agreement, which constitutes the applicable Agreement between the
parties and to decide the present dispute in accordance therewith.
The Railway Labor Act, in Section 3, First, subsection (i), confers upon
the National Railroad Adjustment Board the power to hear and determine
disputes growing out of "grievances or out of the interpretation or application
of agreements concerning rates of pay, rules or working conditions." The
National Railroad Adjustment Board is empowered only to decide the said
dispute in accordance with the Agreement between the parties to it. To grant
the claim of the Employes in this case would require the Board to disregard
the Agreement between the parties hereto and impose upon the Carrier conditions of employment and obligation with reference thereto not agreed upon
by the parties to this dispute. The Board has no jurisdiction or authority to
take any such action.
The Carrier has established that there has been no violation of the applicable Agreement, and that the Claimant is not entitled to the compensation
which he claims.
Therefore, the Carrier respectfullly submits that your Honorable Board
should deny the claim of the Employes in this matter.
(Exhibits not reproduced.)
OPINION OF BOARD: The issue here is identical with that considered
and decided by the Board in Award 13948.
Accordingly, this claim must also be denied.
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 not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
Executive Secretary
Dated at Chicago, Illinois, this 5th day of November 1965.