TRANSPORTATION-COMMUNICATION EMPLOYES UNION
(FORMERLY THE ORDER OF RAILROAD TELEGRAPHERS)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Atchison, Topeka and Santa Fe Railway, that:
1. The Carrier violated the terms of the Agreement between the parties when, on July 5, 1960, it unilaterally declared abolished the position of first shift telegrapher-clerk at Tulia, Texas, and assigned the work of this position to the reclassified position of agent-telegrapher and assigned the work of the agent to a newly established clerical position not covered by the Telegraphers' Agreement.
2. Carrier further violated the Agreement (Article V of the August 21, 1954 Agreement) when the Superintendent failed to notify the representative filing the claim of his reasons for disallowing the claim.
3. The work comprising the position of agent at Tulia shall be restored to the Agreement.
4. Carrier shall now be required to compensate G. w. Sherrod for eight hours' pay at the rate of the first shift telegrapher-clerk position at Tulia each day, in addition to pay at the time and one-half rate for work performed outside the assigned hours of the first shift telegrapher-clerk position at Tulia.
5. All other employes affected as a result of violations hereinbefore set out, shall be compensated in the same manner as outlined is paragraph 4.
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 Tulia, Texas, and the transfer of work formerly performed by the agent to a newly established clerical position.
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 the Telegrapher-Clerk, covered by the Telegraphers' Agreement, to the new Cashier position, 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.
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