."wan Award No. 15051
Docket No. TE-13296
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Don Hamilton, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Missouri Pacific Railroad, that:
CLAIM NO. 1
1. Carrier violated the Agreement between the parties when it
acted arbitrarily and without agreement reclassified the position and
reduced the rate of pay of the agent at Sedan, Kansas.
2. Carrier shall restore the agreed to classification and negotiated rate of pay to this position beginning with March 20, 1961, and
shall retain the agreed to classification and negotiated rate unless
changed by agreement.
CLAIM NO. 2
1. Carrier violated the Agreement between the parties when it
acted arbitrarily and without agreement reclassified the position and
reduced the rate of pay of the agent at Cedarvale, Kansas.
2. Carrier shall restore the agreed to classification and negotiated rate of pay to this position beginning with March 20, 1961, and
shall retain the agreed to classification and negotiated rate unless
changed by agreement.
EMPLOYES' STATEMENT OF FACTS: There is in effect between the
parties an Agreement dated September 1, 1949 with wage rates effective
February 1, 1951. Listed at page 60 under the Southern Kansas District are
the following negotiated positions:
Location Position Rate of Pay
Sedan Agent-Telegrapher 1st Shift $1.995
Cedarvale Agent-Telegrapher 1st Shift 1.72
With agreed to increases the position at Sedan was rated at $2.77 per
hour on March 19, 1961. The position at Cedarvale was rated with agreed to
increases at $2.495 per hour on March 19, 1961.
OPINION OF BOARD:
The parties to this dispute litigated a similar
claim before this Board which resulted in denial Award 13895. We are persuaded that the cited award is proper and in point and should be followed in
,this case.
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 herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1966.
fieenan Printing Co., Chicago, Ill.
Printed in U.S.A.
15051 6