Docket No. T!<11922
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Nathan Engelatein, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
GRAND TRUNK
WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order
of Railroad Telegraphers on the Grand Trunk Western Railroad that:
1. The Carrier violated the Agreement between the parties when
it failed to assign an employe covered by the Agreement to fill the
Supervisory Agent's position at South Bend, Indiana during the
vacation absence of the regular incumbent from June 22 to July 11,
1959, inclusive.
2. The Carrier shall now be required to pay the following employes who were available to fill said position a day's pay at the
punitive rate for each of the dates each was available, viz.
D. R. Yoder -June 23, 24, 30, July 1, 7, 8, 1958
N. E. West-June 26, 27, July 3, 4, 10, 11
E. E. Cash-June 22, 29, July 6.
EMPLOYES' STATEMENT OF FACTS: South Bend, Indiana agency is
a so-called supervisory agent's position listed in the current Telegraphers'
Agreement, effective November 1, 1955 (which, by reference, is made a part
of this submission), as follows:
Station Position Rate Per Month
South Bend *Agent $476.65
The rate of pay has since been increased to $568.44 per month. The
asterisk (*) symbol denotes Supervisory Agent and such agents are subject to
all rules of Agreements in effect between the parties as set forth in Rule 27,
providing as follows:
"(a) Supervisory Agents will be designated as such in the Wage
Table and will have no assigned hours. Except as provided in
paragraph (b) of this Rule, their monthly rates will compensate for
all services rendered. The straight time hourly rate shall be determined by dividing the monthly rate by 211.
The Chief Clerk, Warehouse Foreman and Chief Yard Clerk are section
heads, and as such do not require the close supervision of the Agent as to
the performance of their duties. Upon occasion the Agent's duties require
him to be absent from his office or even absent from the city, and the agency
is so organized that it can function in the Agent's absence for all ordinary
purposes. Existing regulations permit the Chief Clerk to sign necessary
papers in the Agent's name. Matters that must be handled personally by the
Agent can be and are deferred until his return to the office.
In large Agencies, such as South Bend, which are manned by a specialized
staff, even the average Relief Agent is of little use. None of the claimants
had the experience that would qualify them to supervise the South Bend staff.
OPINION OF BOARD:
For reasons stated in Award 14821 we hold that
the Agreement was not violated.
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 11th day of October 1966.
Keenan Printing 'Co., Chicago, Ill. Printed in U.S.A.
14823 11