NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Bernard E. Perelson, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Atlantic Coast Line Railroad, that:
1. Carrier violated the Agreement between the parties when
on October 11, 1961 and November 6, 1961, it required or permitted
employes not covered by the Agreement at Lakeland, Florida, to
handle communications of record from the train dispatcher at Tampa,
Florida.
2. Carrier shall compensate the senior idle extra telegrapher on
October 11, 1961 and November 6, 1961, and, if no extra telegrapher
idle, the senior idle telegrapher observing a rest day on October 11,
1961 and November 6, 1961, one day's pay each (eight hours) at the
minimum telegraphers' (telephoners') rate on such seniority district because of the violation stated above.
3. Carrier violated the Agreement between the parties when on
November 29, 1961, it required or permitted employes not covered
by the Agreement at Lakeland Yard Office, Lakeland, Florida, to
handle communication of record from the train dispatcher at Tampa,
Florida.
4. Carrier shall compensate the senior idle extra telegrapher
November 29, 1961, and, if no extra telegrapher idle, the senior
idle telegrapher observing rest day on November 29, 1961, one day's
pay (eight hours) at the minimum telegraphers' (telephoners'), rate
on such seniority district.
EMPLOYES' STATEMENT OF FACTS: The Agreement between the
parties, as amended and supplemented, is available to your Board and by
this reference is made a part hereof as though set forth herein word for word.
Two disputes are submitted herein involving interpretation of the collective bargaining agreements and were handled on the property in the usual
manner through the highest officer designated by Carrier to handle such
CARRIER'S STATEMENT OF
FACTS: The Employes' Statement of
Claim fails to state that the territory covered in this dispute involves train
and yard operations in Centralized Traffic Control territory and neither
communications of record nor train orders are involved in the claim.
The claim is in behalf of the senior idle extra telegrapher at the minimum telegrapher's rate for each day when employes other than telegraphers handled so-called "communications of record" allegedly affecting the
movement of yard engines entirely within Centralized Traffic Control territory, as shown in the following table:
Paragraph
CTC
of Control
Claim
Date Yd. Eng. Employe Station Station
1 10-11-61 Engine Gen. Yardmaster Lakeland- Tampa,
9:31 AM 667 Spears Winston Yd. Florida
1 11-06-61 Engine Clerk Beale Lakeland- Tampa,
9:26 AM 602 Winston Yd. Florida
3 11-29-61 Engine Clerk
Beale Lakeland-
Tampa,
9:37 AM 713 Winston Yd. Florida
3 11-29-61 Engine Clerk Beale Lakeland- Tampa,
10:20 AM 713 Winston Yd. Florida
Representative of
the Organization has taken the position that no employes except telegraphers have any right to make direct calls to the control station in these instances-the train dispatcher-to obtain or secure
permission to occupy the track under protection of signals controlled by the
train dispatcher, and that in doing so the employes "handled communications
of record from the train dispatcher", in violation of the Telegraphers' Agreement.
The General Chairman was advised that calling the train dispatcher
for time and working limits in Centralized Traffic Control territory was not
in violation of the Telegraphers' Agreement, and was in accordance with.
Rules 557 and 561 of "Rules of the Operating Department."
(Exhibits not reproduced.)
OPINION OF BOARD:
The Organization makes claim that the Carrier violated the Agreement between the parties as follows:
1. Carrier violated the Agreement when on October 11, 1961, and'
November 6, 1961, it required or permitted employes not covered
by the Agreement at Lakeland, Florida, to handle communications
of record from the train dispatcher at Tampa, Florida.
2. Carrier violated the Agreement when on November 29, 1961,
it required or permitted employes not covered by the Agreement at
Lakeland Yard Office, Lakeland, Florida, to handle communications
of record from the train dispatcher at Tampa, Florida.
The material facts are not in dispute.
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This Docket was certified for simultaneous handling with Award No.
14536, Docket TE-13825, the issues involved in both Dockets being the same.
Our opinion in Award No. 14536 is hereby made the opinion of the
Board in this Docket with the same force and effect as if fully set forth
herein.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and 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
That the Agreement between the parties was not violated.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. II. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June 1966.
Keenan Printing Co., Chicago, Ill. Pri,ited in U.S.A.
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