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 Wabash Railroad, that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the parties to this dispute, effective September 1, 1955, and as otherwise amended.
The following facts are not in disagreement or dispute, as evidenced by the reason that the Employes quote same as copied from the letter of February 6, 1961, from Mr. F. A. Johnson, Manager-Personnel, to General Chairman Walker (full text of said letter reproduced and attached hereto as ORT Exhibit 6):
A recapitulation of the work performed, deadheading ordered and paid for, and deadhead claimed but not allowed, follows:
A copy of the exchange of correspondence between the representatives of the parties in connection with the alleged dispute described in the Employes' ex parte Statement of Claim is attached hereto and made a part hereof, marked Carrier's Exhibit A.
OPINION OF BOARD: Claimant is an extra Telegrapher, with headquarters at Huntsville, Missouri. On October 21, 1960, Claimant was directed to work third shift at Moberly Yard (11:00 P. M. to 7:00 A. M.) on Tuesday (October 25); Friday, Saturday and Sunday. On October 28, 1960 (Friday), due to injury suffered by second shift telegrapher, MO Office, Moberly (3:00 P. M. to 11:00 P. M.), Claimant was directed to fill this position on October 28, 29 and 30. The regular incumbent was able to return to work on Sunday (30th), and Claimant was directed to work third shift Moberly Yard, commencing at 11:00 P. M., for one night only.
Claimant contends that he is entitled to additional deadhead allowances under Rule 9(b). This rule provides:
Carrier has paid Claimant minimum deadhead allowance under this rule, for trip Huntsville to Moberly, for October 25, and for trip Moberly to Huntsville on October 31, 1960. It is contended, however, that Claimant should have been paid similar allowance for October 26, 28, 29 and 30, 1960.
The identical rule has been considered by this Board in Awards 13132, 13245 and 13337. Also, a similar rule in Award 14027. The rulings in these awards are dispositive of the issue here.
After completing work, on third shift at 7:00 A. M. on October 26, 1960, Claimant did not, at that time, have another work assignment until October 28, 1960, commencing at 11:00 P. M. This was due to the fact that Wednesday and Thursday were assigned rest days of the third shift position.
On October 28, 1960, work orders for Claimant were changed, requiring him to work second shift, at another location. It is immaterial that the two work locations are located in the same city. Award 3134. Thus, Claimant is entitled to deadhead allowance, Moberly to Huntsville on October 26, 1960 and Huntsville to Moberly on October 28, 1960.
Claimant worked consecutive days October 28, 29 and 30, 1960. Under authority Awards 13132, 13245 and 13337, he is not entitled to claimed allowances, returning to Huntsville on the 28th, or any deadhead allowances for October 29 and 30, 1960.
FINDINGS: The Third Division of the Adjustment Board, 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
Claimant allowed minimum deadhead allowances: Moberly to Huntsville, October 26; Huntsville to Moberly October 28, 1960. Claims for other dates are denied.