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Award No. 14860
Docket No. TE-13274
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
George S. Ives, Referee
PARTIES TO DISPUTE:
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 Company, that:
1. Carrier violated the Agreement between the parties by its
action commencing on September 11, 1960, at Wister, California,
September 15, 1960, at Bertram, California, and September 17, 1960
at Banning, California (all on the Los Angeles Division), of requiring or permitting a car repairman, an employe not covered by the
Agreement, to handle (transmit) communications of record at the
above-named places.
2. Because of these violations Carrier shall compensate L. E.
Sims, the senior idle, extra, available telegrapher on the Los Angeles Division, in the amount of eight (8) hours' pay at the pro
rata rate for each date of
September 11
and 15, 1960. Also, Carrier
shall compensate Bessie Elterman, the senior extra, idle, available
telegrapher on the Los Angeles Division on September 17, 1960,
in the amount of eight (8) hours' pay at the pro rata rate.
3. On each date subsequent to September 11, 1960 at Wister,
September 15, 1960 at Bertram, and September 17, 1960, at Banning,
California, that similar violations of the Agreement, as described
above, occur at said places, Carrier shall compensate the senior,
idle, extra available telegrapher in the amount of eight (8) hours'
pay, at the rate provided by the applicable rules, for each such
violation.
EMPLOYES' STATEMENT OF FACTS: The Agreement between the
parties, effective December 1, 1944 (reprinted March 1, 1951), as amended
and supplemented, is available to your Board and by this reference is made
a part hereof as though set out herein word for word.
This dispute arose because of Carrier's action of requiring or permitting a carman to transmit messages of record to the train dispatcher on
September 11, 1960, from Wister, California, September 15, 1960, from Bertram, California; and on September 17, 1960, from Banning, California.
and that such handling did not involve nor contravene any provision of
the Telegraphers' Agreement, this being solely work of the car repairmen and
trick train dispatchers involved.
(Exhibits not reproduced.)
OPINION OF BOARD: The precise issue here presented has been
decided by this Board in Awards 12615 and Claim No. 3 of Award 12618 in
favor of the Carrier. The same issue was decided in the same way by
Special Board of Adjustment No. 553 in its Awards 20, 45 and 65.
These decisions are controlling, and the claims will, accordingly, be denied.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
14860 12