NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

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 Illinois Central Railroad, that:





EMPLOYES' STATEMENT OF FACTS: The CP&TA designation, as shown in the Wage Scale of the parties' Agreement, relates to positions classified as City Passenger and Ticket Agent. The position so classified at Freeport, Illinois, was abolished on January 13, 1961.

 The principle work, duties, functions and responsibilities of the abolished CP&TA position are listed following:

"Selling tickets, railroad and Pullman, quoting rates and routes, train schedules and connections, at the station and by telephone, securing Pullman and seat reservations for patrons, making the required reports to the Passenger and Auditing departments, as well as to the Superintendent, remittance of cash collected through sale

The agreement between the parties dated June 1, 1951, as revised December 1, 1956, is by reference made a part of this Statement of Facts.




OPINION OF BOARD: On January 13, 1961, Carrier abolished the CP&TA position at Freeport, Illinois. The Organization contends that Carrier violated the Agreement by abolishing the position and transferring the work to employes not subject to the agreement (clerks).


The record discloses that there had been a gradual decline in passenger travel, and because of this decline, the need for a City Passenger and Ticket Agent had also diminished. Upon abolishing the CP&TA position, Carrier's work force was rearranged and the ticket selling duties were assumed by Clerk-ticket sellers. Carrier did not employ additional employes to absorb the remaining work of the abolished position.


The Scope Rule of the involved agreement is general in nature. This Board has held many times that under a general Scope Rule, the burden is on the Petitioner to prove that the subject work has been reserved exclusively to telegraphers by custom, practice and tradition throughout Carrier's property in order to show a violation. See Awards 14342 (Perelson), 14330 (Hall), 13972 (House) and 13303 (Dorsey). Petitioner has failed to establish such proof in this case. Petitioner relies heavily upon Award 7409 (McMahon) to uphold its contention. Award 7409 was decided on the past practice at Palestine, Illinois. This award was based upon an incorrect premise. Petitioner is required to prove exclusivity by showing that employes performed work to the exclusion of all others throughout Carrier's property, not just at or on a particular station or location on Carrier's property, since the Agreement is system-wide in scope and application. See Awards 14279 (Hall), 14159 (Schmertz), 14385 (Wolf), 13094 (West), and many others.


Carrier has an inherent right to abolish positions in the interest of economy and efficiency. See Awards 12076 (Dolnick) and 12982 (Coburn). In the instant case, Carrier did not hire additional employes to do the work of the abolished position holder; it merely rearranged its' work force. This is a strong indication that the CP&TA position was not needed and there was not sufficient work to require his employment.


This case is equarely in point with Award 13614 (Moore), wherein this Board said:








FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:




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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








Dated at Chicago, Illinois, this 30th day of November 1966.

 Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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