THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
1. At 6:33 P. M., March 3, 1961, it required Conductor White on Train Extra 135 North to copy Train Order No. 123 at Angola, Kansas. For such violation Carrier shall now be required to compensate Agent-Telegrapher C. W. Meador at Coffeyville, Kansas (in charge of Angola) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate. (Claim 120)
2. (a) At 6:58 A. M., February 18, 1961, it permitted or required Brakeman Bishop on train No. 44 to Copy Train Order No. 44 at Moran, Kansas;
(b) At 1:15 P. M., February 28, 1961, it permitted or required 'Conductor Matney on Train Extra 92 South to copy Train Order No. 102 at Moran, Kansas;
(c) At 9:03 A. M., March 4, 1961, it permitted or required Brakeman Bishop on Train No. 44 to copy Train Order No. 70 at Moran, Kansas;
(d) At 7:55 A. M., March 16, 1961, it permitted or required Conductor Matney on Train Extra 101 South to copy Train Order No. 53 at Moran, Kansas;
(e) At 6:44 A. M., March 18, 1961, it permitted or required Conductor Quarles on Train Extra 158 South to copy Train Order No.. 68 at Moran, Kansas;
(f) At 7:40 A. M., March 18, 1961, it permitted or required Conductor Quarles on Train 158 South to copy Train Order No. 61 at Moran, Kansas;
For such violations Carrier shall be required to compensate Agent-Telegrapher A. W. Reading at Iola, Kansas (in charge of Moran) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement plus regular rate for each violation on each day as set forth above. (Claim 121)
4. Item No. 1. At 1:17 P. M., April 11, 1961, it permitted or required Conductor Matney on Train Extra 131 South to copy Train Order No. 87 at Moran, Kansas;
Item No. 3. At 11:30 A. M., April 14, 1961, it permitted or required Conductor Matney on Train Work Extra 110 to copy Train Order No. 80 at Moran, Kansas;
Item No. 4. At 7:32 A. M., April 16, 1961, it permitted or required Conductor Matney on Train No. 44 to copy Train Order No. 33 at Moran, Kansas.
For such violations Carrier shall be required to compensate Agent-Telegrapher A. W. Reading at Iola, Kansas (in charge of Moran) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate for each violation on each of the days specified above. (Claim 123)
5. At 1:10 P. M., April 4, 1961, it permitted or required Engineer Hess on Train No. 53 to copy Train Order No. 79 at Phelan, Texas.
For such violation Carrier shall be required to compensate Agent-Telegrapher R. L. Williams, Bastrop, Texas (in charge of Phelan) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate. (Claim 124)
6. At 10:48, April 21, 1961, it permitted or required Brakeman Bishop on Train No. 42 to copy Train Order No. 164 at Ringer, Kansas.
For such violation Carrier shall be required to compensate Agent-Telegrapher J. S. French, Beagle, Kansas (in charge of Ringer) a (lay's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate, (Claim 125)
7. Item No. 1. At 8:58 A. M., May 15, 1961, it permitted or required Engineer John on Train No. 44 to copy Train Order No. 55 at Moran, Kansas; also Order No. 56 copied at 9:02 A. M.
Item No. 2. At 2:07 P. M., June 1, 1961, it permitted or required Conductor Matney on Train Extra 101 South to copy Train Order No. 85 at Moran, Kansas; also Order No. 86 copied at 2:08 P. M.
For such violations Carrier shall be required to compensate Agent-Telegrapher A. W. Reading at Iola, Kansas (in charge of Moran) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate for each violation on each of the days specified. (Claim 127)
8. Item No. 1. At 6:10 P. M., June 6, 1961, it permitted or required Conductor Matney on Train Extra 1524 South to copy Train Order No. 125 at Moran, Kansas;
Item No. 2. At 9:15 A. M., June 9, 1961, it permitted or required Trainmaster R. E. Berglund on Extra 67-A-127 coupled to copy Train Order No. 62 at Moran, Kansas; also Order No. 63 at 9:24 A. M.
Item No. 3. At 2:55 P. M., June 24, 1961, it permitted or required Conductor Rupert on Train Extra 101 South to copy Train Order No. 116 at Moran, Kansas;
Item No. 9. At 9:27 A. M., July 15, 1961, it permitted or required Conductor Overfield on Train Extra 100 South to copy Train Order No. 67 at Moran, Kansas.
For such violations Carrier shall be required to compensate Agent-Telegrapher A. W. Redding at Iola, Kansas (in charge of Moran) a day's pay at the minimum rate for each violation on each of the dates specified. (Claim 131)
For such violation the Carrier shall be required to compensate Agent-Telegrapher W. C. Tuttle at Oswego, Kansas a day's pay at the minimum rate for Telegraphers as set forth in the Agreement plus regular rate.
Item No. 2. At 11:20 A. M., July 21, 1961, it permitted or required Conductor Boyle of Train Extra 101 South to copy Train Order No. 80 at Moran, Kansas.
For such violation the Carrier shall be required to compensate Agent-Telegrapher A. W. Redding, Iola, Kansas (in charge of Moran) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate. (Claim 132)
Item No. 3. At 12:14 P. M., July 19, 1961, it permitted or required Fireman Williams on Train No. 42 to copy Train Order No. 93 at Kiowa, Oklahoma.
For such violation the Carrier shall be required to compensate Agent-Telegrapher R. G. Smothers at Erie, Kansas (in charge of Elsmore) a day's pay at the minimum rate for Telegraphers set forth in the Agreement, plus regular rate. (Claim 132)
Item No. 5. At 7:59 P. M., July 19, 1961, it permitted or required Engineer Gale on Train No. 6 to copy Train Order No. 150 at Parker, Kansas.
For such violation the Carrier shall be required to compensate Agent-Telegrapher W. R. Ryman at Centerville, Kansas (in charge of Parker) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate. (Claim 132)
Item No. 2. At 12:37 A. M., July 7, 1961, it permitted or required Conductor Melson on Train No. 53 to copy Train Order No. 8 Kiowa, Oklahoma; also order No. 10 at 12:42 A. M.
For such violation the Carrier shall be required to compensate Agent-Telegrapher W. H. Nix at Durant a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate. (Claim 133)
For such violation the Carrier shall be required to compensate Agent-Telegrapher R. G. Smothers at Erie, Kansas (in charge of Elsinore) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, plus regular rate. (Claim 135)
For such violations the Carrier shall be required to compensate Agent=Telegrapher A. W. Redding at Iola, Kansas (in charge of Moran) a day's pay at the minimum rate for Telegraphers as set forth in the Agreement, for each violation on each of the dates specified above. (Claim 135)
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties, which by this reference is hereby placed in evidence, provides:
(a) These rules and working conditions will apply to Agents, Freight Agents, or Ticffket Agents, Agent-Telegraphers, AgentTelephoners, Relief Agents, Assistant Agents, where they have charge of station, take the place of or perform the work of an Agent, Telegrapher, Telephone Operators (except Switchboard Operators), Towermen, Levermen, Tower and Train Director, Block Operators, .Staffmen, Operators of mechanical telegraph machines used for receiving and transmitting messages, Manager Wire Chiefs, Wire
Attached hereto and made a part hereof is copy of correspondence exchanged by the parties in handling the fourteen (14) separate claims involved on the property, Carrier's Exhibit A, Parts 1 to 14, inclusive, corresponding to the claims as numbered in the Employes' Statement of Claim.
OPINION OF BOARD: These claims are essentially companion to those in Award Number 14659. Reference is made to our opinion for the basis of our decision herein.
Under such authority we can sustain only the following claims: Claim 8, Item 7, Claim 12, Items 1, 3 and 4, Claim 13, Items 1 and 2. Carrier states it has paid Claims 8 (7) and 12 (1 and 3). If so, such payment is sufficient.
Claim on behalf of W. C. Tuttle, Agent-Telegrapher at Oswego, Kansas is sustained for a call. The denial on the property was based solely on the grounds that Rule 1(e) and not Rule 1(d) applied.
Claim 11, Item 1, on behalf of W. C. Tuttle is denied on the ground Carrier endeavored to locate him and found him unavailable, i.e., in church. R. page 284.
FINDINGS: The Third Division of the Adjustment Board, 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
The Agreement was violated by Carrier only to the extent shown in our Opinion.
Claim 8, Item 7; Claim 12, Items 1, 3 and 4; Claim 13, Items 1 and 2; and Claim 9 are sustained -each for a call only. All other claims are denied.
Fifty-four (54) of the alleged violations occurred where no agent or telegrapher is employed, all which involved copying train orders by member of train crew, except in one instance train order was copied by Trainmaster. The locations or points where these alleged violations occurred, the station or office where claimants are employed, and the distance in rail miles between such locations are as follows:
Six (6) of the eight (8) alleged violations where telegrapher is employed but was not on duty involved copying train orders by members of train crew as follows:
Claimants in the first three alleged violations listed above (Welch and Durant) each made claims for and were allowed a call in each of these instances as provided in Rule 1(e), and the alleged claims for payment of one day under Rule 1(d) in each of these instances are moot.
Two (2) of the eight (8) alleged violations where telegrapher is employed but was not on duty involved use of radio by the telegrapher at Parsons, Kansas, in delivering train orders to members of train crew on caboose of train enroute from Muskogee to Parsons at Oswego, Kansas as follows:
One (1) alleged violation, Part 11, Item 6, Glen Park Yard, Kansas City, where both continuous joint telegraph service and exclusive MKT telegraph service is maintained, involved telephoning consist by yard office employe from Glen Park to North Yard, Parsons, Kansas, 5:43 A. M. July 22, 1961.
CARRIER MEMBERS' DISSENT TO AWARD 14660
DOCKET TE-13371 (Referee Brown)
We concur with the Majority in the denial of all claims based on Rule 1(d), at points where no member of this craft is employed, and concur in the decision that Rule 1(e) (Standard Train Order Rule), not Rule 1(d) is applicable at stations where an agent-telegrapher is employed and not on duty but who is available or can be promptly located.
We concur in the denial of Claim 11, Item 6 involving the transmission of a consist from Glen Park Yard, under authority of Award 13718.
Rule 1(d) is inapplicable if an operator is on duty within the terminal at the time a consist or message is transmitted, although not at the specific office. Awards 5, 12 and 14 of Special Board of Adjustment No. 226.
Joint employes were on duty continuously at this point; consequently, not a "closed office" within the meaning of that term as used on Rule 1(d). Award 6, Special Board of Adjustment No. 226.
In connection with claim 9, the conclusion that "The denial on the property was based solely on the grounds that Rule 1(e) and not Rule 1(d) applied" is not supported by the record, and allowing the claim on that basis is in error. Carrier's highest officer declined the claim on the basis of precedent Award 31 of Special Board of Adjustment No. 226, (R., p. 267) involving an indistinguishable situation between these parties. It was controlling, and should have been followed.
We concur with the Majority in all other respects except insofar as it allows a call at points where an employe was employed but not on duty for the reasons outlined in the dissent to Award 14656.