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 Southern Railway that:

1. The Carrier violates the terms of the agreement when it requires or permits the conductor of Train No. 92 scheduled to arrive at Yellow Leaf at 7:00 A. M. to report on the dispatcher's telephone his time of arrival, cars handled, time went off duty and other information that is required on the following designated dates and all subsequent dates to and including August 25, 1961:


Cars Cars
 Date Train Conductor Arrival Off Duty Arrived Handled
 7-11-61 92 Horne 5:50 AM 5:50 AM 79 79
 7-12-61 92 Peaks 6:25 AM 6:40 AM 79 79
 7-13-61 92 Horne 6:55 AM 6:55 AM 82 82
 7-14-61 92 Peake 6:15 AM 6:25 AM 83 83
 7-15-61 92 Horne 6:25 AM 6:25 AM 60 60
 7-16-61 92 Peake 2:55 AM 3:05 AM 25 25
 7-18-61 92 Horne 7:40 AM 7:40 AM 85 85
 7-19-61 92 Powell 6:10 AM 6:10 AM 85 85
 7-20-61 92 Nix 6:30 AM 6:45 AM 85 85
 7-21-61 92 Powell 6:00 AM 6:15 AM 85 85
 7-22-61 92 Nix 5:20 AM 5:35 AM 60 60
 7-23-61 92 Peaks 3:2oAM 3:30 AM 25 25
 7-24-61 92 Nix 7:40 AM 7:55 AM 85 85
 7-26-61 92 Peaks 6:35 AM 6:45 AM 85 85
 7-27-61 92 Nix 7:25 AM 7:40 AM 85 85




























EMPLOYES'S STATEMENT OF FACTS: On the Carrier's railroad be tween Wilton and Rome are two locations known as Columbiana and Yellow Leaf. Yellow Leaf is located 9.5 miles from Columbiana but the Carrier requires the Agent-Telegrapher S. H. Green who is assigned at Columbiana, to perform all of the work in connection with any agency or train movements at Yellow Leaf. If there is need for or necessity of, a train order, Agent Green copies the train order at Columbiana and by use of his automobile, handles the train order at Yellow Leaf.

 Train No. 92, which is known as a coal train, operates from the generating plant at Yellow Leaf, Alabama, and is scheduled to arrive at Yelow Leaf at 7:00 A. M. The Carrier, on the dates and times in question, required or permitted the Conductor to come in on the Dispatcher's phone at Yellow Leaf and

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The Chicago Agreement of August 21, 1954, contains the following provisions identified as Section 1(a) of Article V:



OPINION OF BOARD: Claim is that a conductor performed work belonging to Claimant in using a telephone at Yellow Leaf to give the listed information to a dispatcher. Claimant is an Agent-Telegrapher assigned to Columbiana, located about 9.5 miles from Yellowleaf.


In the face of Carrier's assertion that Yellow Leaf is a blind siding to which no agent is assigned, Employes assert, but give no proof, that Columbiana is the governing agency for Yellow Leaf and that Claimant, as a part of his assignment, handles train orders at Yellow Leaf when they are needed.


In a number of prior awards involving the same parties as here (among them Awards Numbered 11812, 12150, 12699 and 12935) we have found that similar use of the telephone by others than Telegraphers at locations where no Telegrapher was stationed has been the practice on this property. The critical question in each such case is whether the specific work involved is proved by tradition, custom or practice to have been performed exclusively by Employes; Employes have here failed so to prove.


FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereof, and 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 10th day of March 1967.

 Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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