M41N.3ee
Award No. 14454
Docket No. TE-12234
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arnold Zack, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
NORFOLK SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order
of Railroad Telegraphers on the Norfolk Southern Railway that:
1. Article 1 and other rules of the Telegraphers' Agreement were
violated when and because the Carrier permitted or required the Star
(non-operator) agent at Glendon, N. C. and Parkwood, N. C., to handle
(transmit and receive) messages and reports by telephone on the
dates of February 24 and March 16, 1959.
2. The senior, idle operator, extra in preference, as of these
dates, shall be paid a day's pay for each day because of such violations.
3. The agent-operator's rate of pay shall be restored at the
Parkwood Agency as of January 23, 1957, and at the Glendon Agency
as of April 2, 1957, and continuing until such time as the wires are
removed from, at or about these stations, in accordance with the
Memorandum Agreement dated Chicago, Illinois, May 20, 1937, and
Article 13(b) of the current schedule agreement.
EMPLOYES' STATEMENT OF FACTS: Carrier's main line extends
westward from Norfolk, Virginia to Charlotte, North Carolina, a distance of
381 miles. Raleigh, N. C. is located 226 miles from Norfolk. Glendon, N. C. is
situated 61 miles west of Raleigh. Parkwood, N. C. (Formerly Hallison, N. C.)
is 11 miles farther west, approximately 72 miles from Raleigh.
The agreement, published August 1, 1937, listed Glendon and Hallison
under Article 32-Wage Scale, which provided:
"The minimum rate hereafter established for non-telegraph offices
referred to in Section (b) of Article 2 of this agreement will be $62.50
per month, except at Glendon, Pantego, Northwest and Hallison. The
minimum rate applicable to telegraph positions hereafter established
will be 58 cents per hour on branch lines and 59 cents per hour on the
main line. It is understood that the main line constitutes the track
from Norfolk, Va., to Charlotte, N. C., inclusive.
telephone instruments installed at or about these stations shall be removed
by July 1, 1937," amongst which stations listed was Glendon and Hallison
(now Parkwood). These instruments were removed and the only telephonic
communication in the vicinity of these stations is located in a wayside telephone booth outside of the stations and on the right of way. At the time of the
May 20, 1937, agreement Vanceboro was an open telegraph office, but was
subsequently reclassified as a star agency.
OPINION OF BOARD: The claims herein are predicated on telephone
messages by Star Agents. This issue has previously been before this
Division of the Board on numerous occasions. Similar claims involving the
same parties, the same agreement and similar contentions were considered
by the Division in Awards 9572, 9573, 10825, 10836, 11509, 11512, 11610, 11611,
12628, 12629 and 12630. In all of those Awards the claims were denied. The
previous Awards are not palpably wrong, and in accordance therewith the
claims herein will 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 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of May 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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