NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Aruthr W. Devine, Referee
PARTIES
TO
DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE NEW YORK, CHICAGO AND ST. LOUIS
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order
of Railroad Telegraphers on the New York, Chicago and St. Louis Railroad,
that:
1. The Carrier violated the terms of an Agreement between the
parties hereto, when commencing June 1, 1960, it required or permitted train service employes not covered by said Agreement to
handle train orders at North East, Pennsylvania, outside the assigned
hours of the agent-operator.
2. The Carrier further violated said Agreement when it failed
to notify the General Chairman (Claimant's representative) within
sixty (60) days from the date upon which the claim was filed its
reasons for disallowance of the claim.
3. The Carrier, shall, because of the violations set out in parts
1 and 2 of this statement of claim, pay the agent-operator at North
East, Pennsylvania, a two (2) hour call for each date Monday through
Frday, and a three (3) hour call for each Saturday, Sunday and/or
holiday commencing June 1, 1960, and terminating July 10, 1960, the
latter date being the date upon which Carrier corrected the violation,
in accordance with the provisions of Rules 30 and 15 subparagraph L,
and Rule 16 of the parties' Agreement.
EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement by and between the parties to this dispute, effective January 1, 1959, and
as otherwise amended.
North East, Pennsylvania, is a one-man agency station located on Carrier's
Buffalo Division. It has always been the contractual right of the occupant of
the agency position at this one-man station, under the provisions of Rule 30
of the parties' agreement and prior to Rule 30, under Rule 1-Scope-to
"handle" (receive, copy and deliver) train orders and clearance cards for trains
tieing up at his station.
clearance form delivery was taken care of in the manner described. The claim
was declined and handled in the usual manner, the correspondence in connection therewith being shown in the following Carrier's Exhibits:
Exhibit A-June 30, 1960-Claim-General Chairman to Superintendent.
Exhibit B-July 11, 1960-Denial of Claim-Superintendent to General
Chairman
Exhibit C-September 2, 1960-Appeal-General Chairman to General
Superintendent.
Exhibit D -October 14, 1960-Denial of Appeal-General Superintendent
to General Chairman.
Exhibit E-November 2, 1960-Appeal-General Chairman to Director of
Personnel.
Exhibit F-December 8, 1960-Denial of Appeal-Director of Personnel
to General Chairman.
Exhibit G-March 21, 1961-Affirmation of Denial-Director of Personnel to General Chairman.
Exhibit H -April 10, 1961-Letter-General Chairman to Director of Per
sonnel asking that the claim be reconsidered.
Exhibit I-April 27, 1961-Reaffirmation of Denial-Director of Personnel
to General Chairman.
(Exhibits not reproduced.)
OPINION OF BOARD:
The instant dispute involves a matter which has
been before this Board on a number of occasions.
This is a question of the interpretation of the words, "handling train
orders."
Carrier required telegraphers, during their regular assigned hours, to
clear a train with the dispatcher before going off duty and leave the clearance
and train orders in the bill box.
Subsequently in the absence of a telegrapher on duty at the office, the
clearance and train orders were picked up from the register by a member of
the train crew.
This issue, under like facts, has been repeatedly considered and the employes' position sustained. See Awards 1166, 1169, 1170, 1422, 11807, 11822,.
12240, 12967, 13152, 13160, 13343, 13712, 13713, 13870, 14307.
Claim is sustained for twenty-eight (28) two (2) hour calls.
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;
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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 violated.
AWARD
Claim sustained as stated in Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1966.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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