NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
David Dol»ick, Referee
PARTIES TO DISPUTE-
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Atchison, Topeka and Santa Fe Railway, that:
1. Carrier violated the terms of the Agreement between the
parties when it permitted or required Section Foreman Reyes to
transmit a telegraphic communication of record from Madera to
Fresno, California, May 2 and 3, 1961.
2. Carrier shall be required to compensate Agent J. M. Campos
for a call payment (3 hours pro rata) at the rate of the Agent's
position, Madera, California, for each date, May 2 and 3, 1961,
respectively.
EMPLOYES' STATEMENT OF FACTS:
There is an Agreement between the parties bearing an effective date of June 1, 1951, and by reference
thereto is made a part hereof.
Section Foreman Reyes was required or permitted on the dates of May
2 and 3, 1961, to transmit a matter of record direct from the Madera station
to Fresno Relay Office. The subject matter is reproduced herebelaw for each
date to show the similarity thereof
"SV K DX
MADERA 442P MAY 2, 1961
Rogers Fresno
Ruegg Fresno
Ward Fresno
Holman Fresno
Belt Fresno
"3. The transmission of the message of record directly involved and governed the movement and operation
of trains through the territory where order was in effect.
The Scope Rule and Seniority rules of the Agreement protect work of this nature and preserve it exclusively for employes covered thereby.
"This is to advise that your decision is not satisfactory nor
acceptable. The claims will be appropriately appealed.
Yours truly,
/s/ R. 0. Norton
General Chairman"
The two claims were then consolidated and appealed to this Board as
one dispute by President G. E. Leighty of The Order of Railroad Telegraphers
in his letter of March 13, 1963, to Executive Secretary Schulty.
OPINION OF BOARD:
The facts and circumstances upon which this
claim is based are substantially the same as those in Award 14894. The same
principles apply.
For the reasons stated in Award 14894, we are obliged to conclude that
there is no merit to the claim.
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 hereon; and
That the Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
AT'TEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1966.
Keenan Printing Co., Chicago, Ill. Printed in U. S. A.
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