TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
(a) These rules and working conditions will apply to Agents, Freight Agents, or Ticket 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 Chief Telegraphers, and Car Distributors where the position requires knowledge of the duties of a telegrapher or the handling of messages by telephone (synonymous terms), all of whom are hereafter referred to as employes.
(d) Station or other employes at closed offices or non-telegraph offices shall not be required to handle train orders, block or report trains, receive or forward messages, by telegraph, telephone or mechanical telegraph machines, but if they are used in emergency to perform any of the above service, the pay for the Agent or Telegrapher at that office for the day on which such service is rendered shall be the minimum rate per day for Telegraphers as set forth in this agreement plus regular rate. Such employe will be permitted to secure train sights for purpose of making bulletin boards only.
One claim as listed in the Statement of Claim by the Petitioner to the Board is for alleged agreement violation at Coffeyville, Kansas, June 1, 1962, where a telegrapher is employed and the claimant is shown as C. w. Meador, but no such claim has been presented to and handled with the Carrier as provided in Article V, Carriers' Proposal No. 7, August 21, 1954, Agreement, the amended Railway Labor Act, or Circular No. 1 October 10, 1934, National Railroad Adjustment Board. This alleged claim is not therefore properly before the Board.
A claim on behalf of Agent-Telegrapher A. w. Redding, Iola, Kansas, for alleged agreement violation at Moran, Kansas, where no agent or telegrapher is employed, June 1, 1962, was presented to and handled with the Carrier but that claim is not listed in the Statement of Claim by the Petitioner to the Board, and it is not therefore before the Board here.
Attached hereto and made a part hereof is copy of correspondence exchanged by the parties covering the alleged claims as presented to and handled with the Carrier on the property. Carrier's Exhibit A.
OPINION OF BOARD: Reference is made to our decision in Award Number 14659, for the basis of our decision herein. Under such authority all claims here are denied except as follows: R. G. Smothers is allowed a call for the violation of 2/25/62 at Erie, Kansas; J. F. Miles is allowed a call for the violation of March 1, 1962 at Vinita, Oklahoma and L. T. Beverly is allowed a call for the occurrence at Chetopah, Kansas on March 11, 1962. The Carrier nowhere shows in the record that it discharged its burden of attempting to contact such Claimants for the calls.
The claim of C. W. Meador for a violation at Coffeyville on June 1, 1962 is rejected because not presented on the property. The claim of A. H. McCarty for a call on June 17, 1962 is declined because of insufficient showing he was the proper claimant for such occasion.
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
That the Agreement was violated only to the extent indicated in our Opinion.
CARRIER MEMBERS' DISSENT TO AWARD 14662
DOCKET TE-14075 (Referee Brown)