TRANSPORTATION-COMMUNICATION EMPLOYES UNION
(FORMERLY THE ORDER OF RAILROAD TELEGRAPHERS)
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
- WESTERN 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 the terms of the agreement between the parties when, on June 8, 1959, it unilaterally declared abolished the position of first trick telegrapher-clerk at Kiowa, Kansas, and assigned the work of this position to the reclassified position of agent-telegrapher and to a newly established clerical position not covered by the Telegraphers' Agreement.
2. The position of the first trick telegrapher-clerk at Kiowa, Kansas, shall be restored and the work thereof returned to the agreement.
3. Carrier shall now be required to compensate Billy R. Martin, senior, extra telegrapher for 8 hours' pay at the rate of the first trick telegrapherclerk position at Kiowa, Kansas, for each work day, in addition to pay at the time and one-half rate for work performed outside the assigned hours of the first trick telegrapher-clerk position at Kiowa, Kansas, plus actual expenses incurred each day he works at a station other than Kiowa, Kansas.
4. In the event Billy R. Martin became ineligible by change of status, the Carrier shall be required to compensate Charles E. Black, the next senior, extra employe for eight hours' pay at the rate of the first trick telegrapherclerk position at Kiowa, Kansas, for each work day, in addition to pay at the time and one-half rate for work performed outside the assigned hours of the first trick telegrapher-clerk position at Kiowa, Kansas, plus actual expenses incurred each day he works at a station other than Kiowa, Kansas.
EMPLOYES' STATEMENT OF FACTS: Agreement between the parties, bearing effective date of June 1, 1951, is in evidence.
This dispute concerns the Carrier's unilateral abolishment of the first shift telegrapher-clerk position and reclassification of the agent's position to agent-telegrapher, without conference or negotiation, at Kiowa, Kansas, and the transfer of work formerly performed by the agent and telegrapherclerk to a newly established clerical position.
Section: In reference to Awards 7653 and 8357 cited on page 2 of your letter November 11, 1959, Award 7653 involved a dispute whereby work performed by an agent, an employe covered by the Telegraphers' Agreement, was transferred to an operator clerk also covered by the Telegraphers' Agreement and therefore have no bearing on this instant dispute. Award 8375 involved a dispute whereby an exclusive freight agent position was abolished and part of the duties were assumed by an agent telegrapher and part of the duties were assumed by a cashier-clerk and therefore have no bearing on the instant case where a position covered by the Telegraphers' Agreement was abolished while the work of the position remained to be done and the bulk of the remaining work was assigned to a newly created clerical position not covered by the Telegraphers' Agreement.
Third: Although on leave of absence Extra Telegrapher Billy R. Martin was the senior telegraph employe on the extra board on June 8, 1959. Since Telegrapher Martin did not return to service following the expiration of his sixty-day leave of absence, Telegrapher Charles E. Black was the senior extra telegrapher beginning July 31, 1959, therefore the claim is for Telegrapher Martin from June 8, 1959, to July 30, 1959 and for Telegrapher Charles E. Black, beginning July 31, 1959.
OPINION OF BOARD: Carrier unilaterally reclassified the Agent's position to Agent-Telegrapher, abolished the first trick Telegrapher-Clerk position, established a new Cashier position, and transferred the clerical duties of the Agent and Telegrapher-Clerk, covered by the Telegraphers' Agreement, to the new Cashier covered by the Clerks' Agreement.
The facts in this case are substantially the same as those in Award 14708, involving the same parties, the same Agreement and identical contentions. For the reasons therein set forth, we will find the Agreement violated in this case and sustain the claims to the same extent as we did in Award 14708.
CARRIER MEMBERS' DISSENT TO
AWARD 14709 - DOCKET TE-12221