THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Norfolk & Western Railway Company (Virginian Lines), that:
EMPLOYES' STATEMENT OF FACTS: There is an Agreement by and between the parties hereto effective September 1, 1945, and as otherwise amended.
Effective December 1, 1959, by Agreement, the Norfolk & Western Railway merged with the Virginian Railway. While the Norfolk & Western Railway controls the operation of the merged railroads, the Agreement hereinabove referred to continues in effect on that portion of the merged railroads formerly operated by the Virginian Railway Company and its employes as represented by The Order of Railroad Telegraphers.
The locale involved in this complaint is Sewells Point, Virginia. This station now on Carrier's lines was formerly a station location on the Virginian Railway. Prior to the merging of the Norfolk & Western with the
Your Honorable Board has held in many decisions in passing judgment in connection with `scope rule' disputes that work of a class covered by an agreement belongs exclusively to the employes upon whose behalf it was made and cannot be delegated to others without violating that agreement. The `scope rule' of Supplement No. 13 (telegraphers) made it quite clear that telegraph and telephone (synonymous terms) communications of record belong exclusively to the telegraph craft then and now represented by the Order of Railroad Telegraphers. There has been no change down through the years. The scope rule in the instant case is no exception.
On January 16, 1946, automatic signals were placed in service throughout the terminal and train orders and clearance cards were thereupon dispensed with. However, considerable communication of record work appears to have been performed at Sewalls Point after 1946.
The general rule appears to be that the handling of messages in connection with train movements and communication messages, orders and reports required to be made a matter of record are ordinarily regarded as work belonging to telegraphers. See Award No. 4280. There are, however, many exceptions to this formula, and it may be noted that Rule 23 of the Agreement presently before us places limitations upon the exclusive right of telegraphers to handle train orders.
Prior to November 22, 1948, the data transmitted by the telegraphers from Carolina Junction to Victoria was sent by the Claimant-telegraphers from Sewalls Point directly to Victoria. The same result is now achieved by dispensing with the telegraphers at Sewalls Point and having the clerical workers employed there telephone the necessary information to the telegraphers at Carolina Junction. This, we think, is the decisive fact of this case, and fully answers the Carrier's argument that no work which belonged exclusively to the telegraphers has been dispensed with at Sewalls Point. While the work in controversy is not the handling of train orders, it does, in our judgment, amount to the handling of communications of record directly related to train movements; and it is conceded that prior to November 22, 1948, work of this character performed at Sewalis Point was handled exclusively by employes under the Telegraphers' Agreement.
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;
Carrier's compliance with the Order of your Board based upon the Findings in Award 4811 re-established the Telegrapher positions at Sewells Point, Virginia.
Effective December 1, 1959, the Telegrapher positions at Sewells Point were again declared abolished and the work thereof transferred to employes outside the scope of the parties' Agreement. Thereafter, Yardmasters, train service employes, Clerks, etc., used the telephone to transmit and/or receive messages, consists and train reports (OS's) to or from the Operator at Carolina Junction and/or direct with the Train Dispatcher at Victoria. Thus re-establishing the same violative practice which precipitated the dispute resulting in Award 4811.
Again the petitioning Organization instituted claim on the same ground and for the same reason as those which figured in the dispute leading to Award 4811. This case is now in pendency before your Honorable Board in Docket TE-12773.
This brings us to the 53 claims involved in the current dispute. Since all other claims involved are essentially the same as those presented to your Board in the dispute resulting in Award 4811, and similarly are identical to those involved in the disputes now in pendency before your Board in Docket TE-12773, we pray your Board's indulgence by confining the facts and pleadings to those involved in claims under date of July 2, 3 and 4 as being representative of the property handling of all of the 53 claims involved in this presentation. We do this in order to eliminate to the extent possible the repetitious handling and the length of this submission. However, in the event your Honorable Board desires to examine each of the 50 other claims here presented, such claim files will be made immediately available upon request.
Briefly, the facts in claim of July 2, 1960, are: At 3:50 P. M., July 2, 1960, Yardmaster Stewart at Sewells Point called the Telegrapher at Carolina on the telephone and transmitted the following message of record:
At 6:35 P. M., Yardmaster Stewart gave Carolina the following over the telephone:
The Employes on the identical grounds as set forth in connection with the July 2 Claim instituted claim in this dispute.
Attached hereto and made a part hereof as ORT Exhibit 1 (pages 1 and 2)-through 8-July 4, 1960-Claim-is the correspondence passed between the parties during the handling of this dispute on the property.
The foregoing attests that the subject matter of dispute in the July 2,. 3 and 4, claims (representative of the 50 other claims in this presentation) have been handled on the property in the manner prescribed by law and the rules of procedure of your Honorable Board, but failed of settlement. The disputes are, therefore, appealed to your Honorable Board for adjudication.
CARRIER'S STATEMENT OF FACTS: Prior to December 1, 1959, Norfolk, Virginia was the eastern terminus of the Virginian Railway Company, and such terminal extended over about seventeen miles with various yards, junctions and industry tracks. Sewells Point, Carolina Junction, South Norflk and South Branch are points located within Norfolk Terminal. Sewells Point is located at the east end of the terminal; Carolina Junction is located about 12.5 miles west of Sewells Point; South Norfolk is located about 0.6 miles west of Carolina Junction and South Branch is located about 2.3 miles west of South Norfolk. Telegraph offices were maintained at Sewells Point, Carolina Junction and South Norfolk, and at each of these points telegraphers were assigned around-the-clock. The duties of telegraphers assigned at Sewells Point consisted of sending and receiving consists of road trains arriving at Norfolk from the west and departing from Norfolk to the west, as well as sending and receiving various other types of messages and reports. Long Siding, Portlock, Fairmont Park, Lambers Point, Levine and Dalton and Bundy Lumber Company siding, which are points involved in some of the claims in this case, are also points located within Norfolk Terminal.
Sewells Point was the site of the former Virginian Railway Company's coal piers, where ocean-going vessels were loaded with coal. It was also the site of that Carrier's main yard operation, where incoming road trains were yarded and outgoing road trains were made up. Locomotive and car inspection and repair facilities were also maintained at Sewells Point.
Effective December 1, 1959, the former Virginian Railway Company was merged with the Norfolk and Western Railway Company. Following such merger the coal piers and locomotive and car inspection and repair facilities at Sewells Point were closed, and all such work was subsequently performed at the Norfolk and Western Railway's facilities at Lamberts Point, Norfolk, Virginia. Incoming and outgoing road trains of both the former Virginian and Norfolk and Western Railways have subsequently been handled in the Norfolk and Western Railway's yard facilities at Norfolk and no road crews have been dispatched from or relieved at the former Virginian Railway Company's facilities at Norfolk, Virginia. Subsequent to the merger, Sewells Point Yard has been used only for the receipt and delivery of mer chandise shipments and for the storage of incoming coal shipments when such
shipments exceeded the capacity of the Norfolk and Western Railway's facilities at Norfolk. Occasionally, when the Norfolk and western yards are congested, coal loads from the west are moved to and stored in Sewells Point Yard. When the congestion is relieved to the extent that such overflow shipments can be handled they are moved by yard crews from Sewells Point to Norfolk and western facilities, all of which moves are made within the confines of Norfolk Terminal.
The changes described above eliminated the work of sending and receiving consists and other types of messages and reports concerning train movements which work was formerly performed by telegraphers at Sewells Point as set out above. Therefore, there being no further need for the services of telegraphers at Sewells Point, the positions of telegraphers at that point were abolished, and the telegraph office closed effective December 9, 1959.
Prior to the closing of the telegraph office at Sewells Point Yard conductors or yardmasters informed telegraphers at the various telegraph offices located within Norfolk Terminal or the dispatcher at Victoria, Virginia concerning movements by yard crews between Sewells Point and other points within Norfolk Terminal. When such information was furnished to a telegrapher, the telegrapher informed the dispatcher at Victoria concerning the movement. When such information was furnished the dispatcher at Victoria, the dispatcher informed telegraphers within Norfolk Terminal who were concerned with the movement. After the telegraph office at Sewells Point was closed, yard conductors and yardmasters continued to inform the dispatchers and telegraphers as set forth above concerning yard movements at Norfolk Terminal.
Also, it has always been the practice on the former Virginian Railway property for yardmasters and clerks to converse by telephone with dispatchers and/or telegraphers to give or receive information necessary to yard operation. Information concerning cars to be received at or dispatched from a particular yard is necessary in planning the work of the yard. Also, instructions to yard crews concerning the performance of their work, such as instructions to pick up or set off certain cars at a certain location within the yard, have always been issued to yard crews by yardmasters or clerks by telephone conversations either directly to the yard conductors or by relaying such instructions through telegraphers.
"1. The Carrier violated the terms of an Agreement by and between the parties hereto at Sewells Point, Virginia, when on July 2, 3, 4, 5, 6 (twice), 19, 20, 23, 24, 25, 26, 27, 31 (twice), August 1 (twice) 2, 3, 4, 5, 6, 7 (twice), 8 (twice), 9 (twice), 10 (twice), 13, 14, 15, 16, 18, 23, 24, September 1, 7, 11, 13, 17 (twice), 18, 23, 28, October 3, 8, 19, 26, 28 (twice), and November 3, 1960, it permitted or required employes not covered by said Agreement to perform communication service formerly performed by and belonging exclusively to Telegraphers.
2. The Carrier shall, for each date upon which the violation as set forth in paragraph 1 hereof occurred, compensate the senior, idle, extra telegrapher for a day's pay at the old Sewells Point pro-rata rate; or, in the absence of such the Carrier shall compen-