NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Benjamin
H. WE,
Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
GULF, MOBILE AND OHIO RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Gulf, Mobile and Ohio Railroad,
that:
1. .Carrier violated the Agreement between the parties when
on January 1, 1962, and February 13, 1962, it required or permitted
a Yard Clerk at Meridian, Mississippi to transmit by radio telephone,
messages which were received by a Clerk in the Union, Mississippi
Yard Office. Neither Clerk is covered by the Agreement.
2. Carrier shall be required to compensate the senior idle
telegrapher, extra in preference, on Seniority District No. 4, in the
amount of a day's pay of eight (8) hours for each day,
January 1
and February 13, 1962, because of the violations set forth above at
Meridian, Mississippi.
3. Carrier shall be required to compensate the senior idle
telegrapher, extra in preference, on Seniority District No. 5, in the
amount of a day's pay of eight (8) hours for each day, January 1
and February 13, 1962, because of the violations set forth above at
Union, Mississippi.
EMPLOYES' STATEMENT OF FACTS:
The Agreement between the
parties, effective June 1, 1953, as amended and supplemented, is available
to your Board and by this reference is made a part hereof.
At 11:23 A. M. on January i1, 1962, Carrier required or permitted a Yard
Clerk at Meridian, Mississippi Yard Office, to transmit by radio telephone to
a Clerk at Union, Mississippi, Yard Office, the following message:
"No. 3'33 has
11-7-704 Sebastopol
11-7-704 Sebastopol,
25-18-1832 North
3-2-240 Union
18-26-1498 Jackson
2-1-133 for 5th Street.(Time 11:23 A.M.)"
"Meridian, Miss. 2/13/62
No. 313 has
1 load 5th Street 60 tons
26 loads 8 mtys north 1922 tons
22 loads 2 mtys for Union 1368 tons
32 loads 22 mtys 2486 tons for Jackson
Total 80 loads 32 mtys 5876 tons.(Time 10:17 A.M.)"
Many prior cases before this Board involve the use of the telephone
by other than telegraph operators. While the instant case refers to the radio
telephone, this instrument was used in lieu of the telephone because of convenience.
The current Agreement between the parties is one effective June 1, 1953.
Copy of this Agreement is on file with this Board and by reference made a
part hereof.
OPINION OF BOARD:
The dispute herein involves the same parties
and the same basic contentions by the parties as involved in Award 14482
and for the reasons stated in that award the claim herein is 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of June 11966.
Keenan Printing Co., Chicago, 111. Printed in U. S. A.
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