NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

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 Panhandle & Santa Fe Railway Company, that:

1. The Carrier violated the terms of the Agreement between the parties when, without negotiation or agreement, on or about April 19, 1960, it unilaterally declared abolished the position of second shift telegrapher-clerk at Levelland, Texas, and assigned the work of this position to the agent-telegrapher whose hours were changed to cover two hours of the abolished telegrapher-clerk's assignment.



3. Carrier shall now be required to compensate Telegrapher-Clerk E. L. Boyd for eight hours' pay at the rate of the second shift telegrapber-clerk position at Levelland each work day, in addition to pay at the time and one-half rate for work performed outside the assigned hours of the former second shift telegrapher-clerk position at Levelland, plus actual expenses incurred on each day he works at a station other than Levelland.


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 2:00 P. M. to 10:00 P. M. telegrapher-clerk position, without conference or negotiation, at Levelland, Texas, and the assignment of the work of this position to the Agent-telegrapher.












OPINION OF BOARD: This case involves the same parties and Agreement as in Award No. 14772; also, the same fatal procedural deficiency. For the reasons stated in Award No. 14772 we will dismiss the Claim.


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 has jurisdiction over the dispute involved herein; and


In failing to particularize the Rules allegedly violated, when it had the burden of doing so, Petitioner failed to perfect its Claim.


                AWARD


    Claim dismissed.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 23rd day of September, 1966.

Keenan Printing Company, Chicago, Illinois Printed in U. S. A.

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