TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad (Telegraphers on the St. Louis-San Francisco Railway that:
EMPLOYES' STATEMENT OF FACTS: Prior to April 28, 1959 there were two positions covered by the Telegraphers' Schedule in existence at Hugo, Oklahoma. They were: First telegrapher with assigned hours 9:30 A. M. to 5:30 P. M. Saturday through Wednesday and second telegrapher with assigned hours 5x30 P.M. to 1:30 A. M. Tuesday through Saturday. There was also a relief position assigned to fill the rest days of the two regular positions at Hugo and one rest day of the Agent-Telegrapher at Valliant, Oklahoma. The balance of the station force consisted of an appointive Agent-Yardmaster and a Clerk-Cashier with assigned hours of 9:30 A. M. to 5:30 P. M.
The following is a partial list of the duties performed by the telegrapher on the abolished second trick telegraph position:
assigned all the non~telegraphic duties formerly performed by the second telegrapher. It has since been necessary to work the Cashier-Clerk extensive overtime to perform the clerical duties of the abolished second telegrapher position and also to work the first telegrapher considerable overtime to perform the communications work accruing on the second-telegrapher shift.
CARRIER'S STATEMENT OF FACTS: As evidenced by the Employes' Statement of Claim, the instant dispute arose at Hugo, Oklahoma. Hugo is located on the southern portion of Carrier's Central Division. Such Division extends from Monett, Missouri, in a southwesterly direction to Paris, Texas and from Ardmore, Oklahoma eastwardly to Hope, Arkansas. Paris (583) is approximately 301 miles south of Monett (282). Hugo (559) is located at a point 24 miles north of Paris. The two latter stations are on the Arthur Subdivision of the aforementioned Central Division. The Ardmore Subdivision of the Central Division extends from Ardmore, Oklahoma, (665) eastwardly to Hugo, a distance of approximately 106 miles. The Arkinda Subdivision of the Central Division extends from Hugo to Hope, Arkansas, (679), a distance of approximately 120 miles.
The second class scheduled freight trains operated over the abovementioned territories as of April 27, 1959 were as follows:
There were no first class scheduled passenger trains on such territories on the date of the claim.
Immediately prior to April 28, 1959, the station force at Hugo, Oklahoma, consisted of the following positions:
On or about April 27, 1959, the second trick Telegrapher position was abolished and the assigned hours of .the Cashier position were changed to 12:01 P. M. to 9:01 P. M. The Organization protested the Carrier's actions and filed claim which was handled on the property up to and including the Carrier's highest officer designated to handle claims. Such claim was not composed on the property and the Organization has appealed to this Board for a decision. See Carrier's Exhibits A-1, A-2 and A-3.
OPINION OF BOARD: Prior to April 28, 1959, an Agent-Yardmaster, not covered by any Agreement, a Cashier, covered by the Clerks' Agreement,
and two Telegrapher-Clerks, covered by the Telegraphers' Agreement, were employed at the Hugo, Oklahoma, station. On or about April 28, 1959, the second trick Telegrapher-Clerk position was abolished and the clerical duties previously performed by said Telegrapher.Clerk were assigned to the Cashier while the telegraphic duties were assigned to the first trick TelegrapherClerk.
The clerical work previously performed by the Telegrapher-Clerk was not exclusive. By history, custom and practice the Cashier always performed clerical work. It makes no difference whether the decreased business at .the station affected either the Cashier, .the Telegrapher-Clerks, or both.
There is no convincing evidence to support the Employes' allegation that the Cashier position worked overtime to perform the duties of the abolished position. Employes have failed to prove these allegations.
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 Raihvay Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and