NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David H. Brown, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the
General Committee of
The
Order of Railroad
Telegraphers on
the Missouri-Kansas-Texas Railroad Company that:
1. The Carrier violated Rule 1 (a) Scope Rule, and sub-section (d)
of the Telegraphers' Agreement when it required or permitted employes other than those covered by the Scope Rule of the Telegraphers' Agreement and sub-section (d) to copy train orders at the
following places and times:
Date Location Handled By Claimant Operator
8-29-62 Moran, Kan. Condr. Geib J. P. Tidwell
9-1-62 Kimball, Kan. Condr. Doyle J. P. Tidwell
9-6-62 Dunlay, Kan. Condr. Rush J. P. Tidwell
9-7-62 Moran, Kan. Condr. Charles R. G. Smothers
9-13-62 Vance, Kan. Bkman. Baxley W. R. Ryman
9-15-62 Moran, Kan. Condr. Rush W. R. Ryman
9-15-62 Paola, Kan. Condr. No. 41 W. R. Ryman
9-15-62 Kimball, Kan. Bkman. Gillihan W. R. Rvman
2. For each such violation the Carrier shall be required to pay
the Agent-Telegrapher at stations named, who have been assigned
to
these stations,
a day's pay at the minimum rate for Telegraphers, plus the regular rate.
EMPLOYES' STATEMENT OF FACTS:
The
Agreement between the
parties, which by this
reference is
hereby placed in evidence, provides:
"RULE 1. EMPLOYES INCLUDED
(a)
These rules
and working conditions shall apply to Agents,
Freight Agents, or Ticket Agents,
Agent-Telegraphers, Agent-Tele
phoners,
Relief Agents,
Assistant Agents, where they have charge
of station, take the place of or perform the work of an Agent,
CARRIER'S STATEMENT OF FACTS: This alleged claim or dispute
includes or consists of eight (8) alleged violations of Rule 1 (a) and 1 (d)
of current Telegraphers' Agreement, effective September 1, 1949, as amended,
between the parties.
The alleged claim for alleged violation of the agreement by Conductor
on No. 41 at Paola, Kansas, September 15, 1962, as shown in Statement
of Claim of the General Committee, has not been presented to and handled
with the Carrier on the property in accordance with the provisions of Article
V, Carriers' Proposal No. 7, August 21, 1954 Agreement, the amended
Railway Labor Act, and Circular No. 1, dated October 10, 1934, of the
National Railroad Adjustment Board.
The alleged claim for the second alleged violation of the agreement
by Conductor Bush on No. 6 at Moran, Kansas, September 15, 1962, has
not been progressed to the Board in the Statement of Claim of the General Committee, and is barred and not before the Board under the provisions of Article V, Carriers' Proposal No. 7, August 21, 1954 Agreement.
All of these alleged claims and violations involve the copying or receiving of train orders by member of train crew on telephone or radio at
Dunlay, Vance, Moran and Kimball, Kansas, where an Agent or Telegrapher is not employed.
The Claimants on whose behalf the alleged claims were filed by the
General Chairman under date of October 1, 1962, were employed as Agent.
Telegrapher at Kincaid and Erie, Kansas, where no train orders were copied
or received by anyone. The rail mile distance between the points where the
alleged violations occurred and where the Claimants were employed is as
follows:
Location Claimant's Office Miles
Vance, Kansas Kincaid, Kansas 7.5
Dunlay, Kansas Kincaid, Kansas 16.0
Moran, Kansas Kincaid, Kansas 11.9
Moran, Kansas Erie, Kansas 25.9
Kimball, Kansas Kincaid, Kansas 29.8
No conference has been held by the parties to consider, and, if possible,
decide this alleged dispute as required by the provisions of the amended
Railway Labor Act and Circular No. 1, dated October 10, 1934, of the
National Railroad Adjustment Board.
Attached hereto and made a part hereof is copy of the correspondence
exchanged by the parties in the handling of these alleged claims on the
property, Carrier's Exhibit A.
(Exhibits not reproduced.)
OPINION OF BOARD:
No conference was held on the property in
connection with this dispute. Under the circumstances we shall follow the
weight of authority of such recent decisions as Award 14386, 14370 and
13563, and sustain Carrier's contention the matter is not properly before
this Board.
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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;
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
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 16th day of July 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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