THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

(Formerly The Order of Railroad Telegraphers)




STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Norfolk and Western Railway that:





EMPLOYES' STATEMENT OF FACTS: The Agreements between the parties are available to your Board and by this reference are made a part hereof.


Bedford, Virginia is a station on the Norfolk division of this Carrier. Prior to May 1, 1954, there were four basic positions and one rest day relief position at this station. A position of agent-operator on the first shift and three positions of operator-clerk around-the-clock, changing shifts at 8:00 A. M., 4:00 P. M. and 12:00 Midnight, with the regular rest day relief position relieving two days on the first shift operator-clerk position, two on the second shift operator-clerk position and one day on the third shift operator-clerk position. Effective May 1, 1954, the first shift operator-clerk position was




OPINION OF BOARD: This matter arises between the same parties and on an almost identical set of facts and supporting arguments as that disposed of by this Board in Award 14744.


The only unique allegation herein by the Organization is that to comply with a statute of the state of Virginia the Agreement must be violated on each posting by a person not covered by the Agreement posting a public bulletin board as to delay of passenger trains when such occurs. The Carrier asserts that such posting has been discontinued with the abolishment of the covered position. It is not within the province of this Board to seek compliance by anyone with state statutes so this argument is dismissed.


FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and 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











Dated at Chicago, Illinois, this 4th day of August 1966.

Keenan Printing Co., Chicago, Ill. Printed in U. S. A.
14745 6