Docket No. TE-11507
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
George S. Ives, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE NEW YORK, CHICAGO AND ST. LOUIS
RAILROAD COMPANY
(Wheeling and Lake Erie District)
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the New York, Chicago and St. Louis Railroad
(Wheeling & Lake Erie District), that:
1. The Carrier violates the parties' Agreement at
Jewett, Ohio,
when it
permits or requires employes not covered by said Agreement to
handle messages over the telephone therefore displacing employes
covered by the Telegraphers' Agreement from the performance of this
work.
2. The Carrier shall, because of the violation set out above, compensate James Campbell, regularly assigned agent-telegrapher at
Jewett, Ohio, or his successors, a call for each such violation commencing November 11, 1957 (retroactive for sixty (60) days prior to
the filing of this claim) and so long thereafter as the violation as set
forth in Item 1 of this claim continues.
EMPLOYES' STATEMENT OF FACTS:
There is in evidence by and
between the parties to this dispute,
effective as
to rules February 1, 1952, and
as to rates, effective February 1, 1951, and as amended.
In an agreement between the United States Railroad Administration and
the employes on this property as represented by The Order of Railroad Telegraphers, effective July 1, 1919, at Page 19, are listed the positions existing at
Jewett on the effective date of that agreement. The listing reads:
1st Trick Telegrapher . $ .503/4
Jewett 2nd Trick Telegrapher ---------------- .503/4
3rd Trick Telegrapher .5'/4
0
At Page 15 of an agreement between these same parties effective as to
rules April 1, 1938, and effective as to rates August 1, 1937, are listed the positions existing at Jewett on the effective date of said agreement. The listing is:
Hourly Rate
Jewett . _ Telegraphers (3) $ .71'/4
In 1954, the PRR closed its agency at Jewett. This forced the Carrier to
abolish the first trick telegrapher-clerk position and establish a position of
agent-telegrapher. Headquarters for that position were arranged in the same
building as the yard office. The claimant here is the incumbent of that position.
For many years that a yard clerk position has existed at Jewett, both
prior and subsequent to the abolishment of the telegrapher positions in 1945
due to the installation of OTC, it has been the practice for the clerk to converse with the dispatcher over the dispatcher's telephone installed on the yard
.clerk's desk. Information so furnished the dispatcher conecerned the number of
cars for movement, their location, classification, destination, etc. This enables
the dispatcher to plan his work and keep the traffic moving. The dispatcher in
turn keeps the yard clerk informed as to the cars he desires be moved on which
train.
Attached hereto marked Exhibits A
through J
are copies of correspondence
setting forth the handling of the claim on the property.
(Exhibits not reproduced.)
OPINION OF BOARD:
Under the particular circumstances of this case
the claim herein will be dismissed.
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
That the Claim will be dismissed in accordance with the Opinion.
Claim dismissed in accordance with the Opinion and Findings.
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 Co., Chicago, 111. Printed in U.S.A.
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