NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David H. Brown, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
(Western Lines)
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on The Atchison, Topeka & Santa Fe Railway, that:
1. The Carrier violated the Agreement between the parties
when, on or about December 15, 1959, it removed the work of
operating switches and signals governing the movement of trains
heading in and out main line tracks and other tracks at Rowe,
New Mexico, from employes covered by the Telegraphers' Agreement and delegated the performance of this work to employes not
within its coverage;
2. The Carrier shall be required to restore said work to the
scope of the Telegraphers' Agreement to be performed by employes
covered thereby; and
3. For
each and every eight-hour shift that work previously
performed by employes under the Agreement at Rowe, New Mexico,
is performed by means of CTC equipment operated by train dispatchers at Las Vegas, New Mexico, the Carrier shall be required
to compensate the senior idle extra telegraph service employe in
an amount equivalent to a day's pay at the rate applicable to
the positions at Rowe, New Mexico, and, if there be no idle extra
telegraphers, then the Carrier shall compensate the senior telegraph service employe or employes idle on a rest day in an amount
equivalent to a day's pay at the time and one-half rate.
EMPLOYES' STATEMENT OF FACTS: Agreement between the parties, bearing effective date of June 1, 1951, is in evidence.
For many years the Carrier maintained an interlocking plant at Rowe,
New Mexico. In this office the Carrier maintained three shifts of telegraphers (levermen) in an around-the-clock service who performed the work
of operating switches and signals governing the movement of trains over
main line tracks, in and out of sidings, between Rowe and Glorieta, New
Mexico.
Dear Sir:
This has reference to your two letters of January 26, 1961,
both of which carried your File No. 26-S-161 and requested that
the time limit within which you have to appeal from my decisions
of May 25, 1960 and September 23, 1960 on your two appeal
claims, each of which you agree arose out of the alleged improper
transfer of certain work from the Agent at Rowe, New Mexico to
the Train Dispatchers at Las Vegas, be extended pending conference following the receipt of awards that are yet to be rendered
by the Third Division in two of your appeal claims at Abajo and
Isleta, New Mexico.
Since the claim for penalties presented in your appeal claim
of March 15, 1960 in behalf of certain unidentified claimant employes was for
' * * * each and every eight hour shift that the work
previously performed by employes under the Telegraphers'
Agreement at Rowe, New Mexico, is performed by means
of the centralized train control machines operated by the
train dispatchers at Las Vegas, New Mexico. * * *'
and included the Agent's eight-hour tour of duty at Rowe, your
subsequent appeal claim of August 3, 1960 which also claimed
penalties in behalf of some unidentified claimants for:
` * * * each and every eight hour shift that the work
previously performed by the Agent, under the Telegraphers'
Agreement at Rowe, New Mexico, is performed by means
of the centralized traffic control operated by the train dispatchers at Las Vegas * * *'
is without question a duplication of the claim for penalties that
was advanced in your appeal claim of March 15, 1960, at least insofar as concerns the Agent's former 8-hour shift, and I am therefore unwilling to grant the request contained in your two letters
of January 26, 1961 so long as you refuse to recognize and withdraw the duplicate claim for penalties that was the subject matter
of your appeal claim of August 3, 1960.
Yours truly,
/s/ L.
D. Comer"
OPINION OF BOARD:
This is a duplication of the claim covered in
Award 14461. We concur in that decision, and this matter will accordingly
be remanded to the parties for negotiation and such ensuing procedures as
may be required.
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;
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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 does not have jurisdiction
over the dispute involved herein.
AWARD
Case remanded in conformity with Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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