NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
George S. Ives, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
(Coast Lines)
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the Atchison, Topeka & Santa Fe Railway, that:
1. The Carrier violated and continues to violate the agreement
between the parties when and because it refused and continues to
refuse to assign to employes covered by said agreement the duties
of operating printing telegraph machines used for transmitting
messages, reports and similar communication located in Division
Freight Agent's offices at Stockton and Oakland, California;
2. The Carrier shall be required to assign all such duties to
employes covered by the Telegraphers' Agreement; and
3. For each and every eight hours shift beginning April 8, 1958
that communications work is performed by means of printing telegraph machines located in the Division Freight Agent's offices at
Stockton and Oakland, California operated by employes not covered by
the Telegraphers' Agreement the Carrier shall be required to compensate the senior idle extra telegraph service employe or employes
on the Telegraphers' seniority roster an amount equivalent to a day's
pay at the printer-clerk rate applicable to that division; and if there
be no idle extra telegraph service employes, the Carrier shall compensate the senior telegraph service employe or employes, idle on rest
days in an amount equivalent to a day's pay at the time and one-half
rate.
EMPLOYES' STATEMENT OF FACTS:
Agreements between the parties, bearing effective dates of June 1, 1951 and August 21, 1954 are in evidence.
This dispute deals with the installation of printing telegraph machines
in two separate offices on the same seniority district; namely Stockton and
Oakland, California and subsequent transfer of work previously performed by
employes under the Telegraphers' Agreement to employes not covered thereby.
The facts in connection with each of the respective locations are as follows:
claims of a similar nature, as well as the other past actions
of the representatives of the Order of Railroad Telegraphers,
is conclusive evidence of their recognition that employes subject to the Telegraphers' Agreement have never possessed
an exclusive right to the operation of teletype machines in
other than telegraph offices such as those at Stockton and
Oakland.
I also desire to point out that, even if your appeal claim had
merit under the agreement rules, and I do not agree that it does,
your claim for penalties is excessive for the reason that employes
other than those subject to the Telegraphers' Agreement are not
devoting eight (8) hours of their time to the complained-of work,
and the Third Division has repeatedly field that employes who have
rights to work which is performed by someone not entitled to perform it are only entitled to be compensated for the time actually
devoted to the work.
Yours truly,
/s/ L. D. Comer"
(Exhibits not reproduced.)
OPINION OF BOARD:
The issue involved in this dispute has been before the Board in numerous cases where these same parties were involved:
Awards 6604, 8140, 8538, 9005, 9006, 9454, 10516, 10683, 10776, 10817, 10857,
10858, 10949. In none of these decisions was the position of the Employes
sustained.
The present case is not substantially different from a number of those
referred to. We believe the question at issue has been conclusively decided
in favor of the Carrier. This claim, therefore, must be denied.
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 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 not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 29th day of July 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
14692 22