TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific (Pacific Lines), that:
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties effective December 1, 1944 as amended and supplemented is available to your Board and by this reference is made a part hereof.
`SW" Office, El Paso, Texas is a telegraph office designated as a General Telegraph Office by Rule 20 of the Agreement. On May 8 and again on May 15, 1962 an employe occupying a position classified as wire chief, operated the IBM transceiver machine instead of delegating or assigning this work to a printer machine operator or a Morse telegrapher. There is no dispute or controversy between the parties over the fact that this did occur.
Claim was initiated by the Claimant and then turned over to the Organization and was handled in the usual manner up to and including the highest designated officer of the Carrier and has been declined. Correspondence reflecting this handling on the property is attached hereto as ORT Exhibits 1 through 7.
1. There is in evidence an agreement (hereinafter called the current agreement) between the Carrier and its employes represented by the Petitioner, having effective date of December 1, 1944 (reprinted March 1, 1951, including
Wire Chief again stayed on duty to operate the transceiver in transmitting pay roll data from over 2000 IBM cards from 5:12 P. M. to 8:10 P. M., that date. The Manager-1st Wire Chief operating the transceiver on May 8 and 15, 1962, in transmitting the payroll data did not require assistance in operation thereof.
5. By letter dated August 9, 1962 (Carrier's Exhibit A), Petitioner's District Chairman appealed to Carrier's Superintendent of Communications a claim on behalf of claimant ". . . for 8 hours at rate of time and half on May 8th and May 15th 1962 account Manager, Wire Chief performing the duties of transreceiver IBM operator" in "SW" General Telegraph Office, El Paso, Texas. By letter dated October 8, 1962 (Carrier's Exhibit B), the Superintendent of Communications denied the claim.
By letter dated December 4, 1962 (Carrier's Exhibit C), Petitioner's General Chairman appealed the aforementioned claim to Carrier's Assistant Manager of Personnel, who, after the claim was discussed in conference en May 24, 1963, denied the claim by letter dated May 28, 1963 (Carrier's Exhibit D), addressed to Petitioner's General Chairman, stating there is no provision of the current agreement which allocates the work here in dispute to an individual class of employes coming within the Scope rule thereof, but on the contrary, said work in this case is also one of the duties of the Wire Chief who performed same.
OPINION OF BOARD: The claim in this case concerns the performance of certain work on printer machines by employes in El Paso, Texas, classified as Wire Chief.
The facts, contentions of the parties, and reasoning of the Board in Award No. 14830, are equally pertinent to the instant case, and need not be repeated herein.
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