NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David L. Kabaker, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
PANHANDLE AND SANTA
FE
RAILWAY COMPANY
STATEMENT
OF
CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the Panhandle and Santa Fe Railway, that:
1. Carrier violated and continues to violate the Agreement
between the parties when on or about October 17, 1960, it purportedly
abolished the position of agent-telegrapher at Truscott, Texas, and
thereafter on all subsequent work days, required the agent-telegrapher at Benjamin, Texas, to suspend work on his regular position
during regular work hours and perform service at Truscott.
2. Carrier shall be required to compensate W. H. Dodd, or his
successor, an additional day's pay for each occasion on which he performs service at Truscott, on a day-to-day basis, until the violations
are corrected, beginning October 17, 1960.
3. For extra employes, D. F. Jameson, F. M. Seaton, B. J. Estep,
J. W. Hoffman, D. D. Moorhead, W. C. Allen, T. J. Bailey, J. F. Overton
and R. E. Shafer, the Carrier shall be required to compensate the
senior extra employe named above who is idle, for a day's pay at the
straight time rate for each work day, beginning October 17, 1960, and
continuing thereafter on a day-to-day basis until the violations are
corrected.
EMPLOYES' STATEMENT
OF FACTS: Agreement between the parties,
bearing effective date of June 1, 1951, is in evidence.
Beginning on or about October 17, 1960, the Carrier unilaterally declared
abolished the agent's position at Truscott, Texas, and thereafter required
W. H. Dodd, the Agent at Benjamin, Texas, to work at Benjamin from 5:00
A. M. to 12:00 Noon, drive to Truscott to work from 1:30 P. M. to 4:30 P. M.,
then return to Benjamin. The time spent driving to and from Truscott was
included in his work assignment. His tour of duty ended at 5:00 P. M.
their jurisdiction; they cannot pre-empt the federal jurisdiction, covered by the Railway Labor Act in the field of collective bargaining agreements governing rates of pay and working conditions of employes of the Carrier. See Award 3738
and others.
The relation of a state law to a collective bargaining agreement
made under the Railway Labor Act has been decided by the courts.
The Supreme Court of the United States disposed of this question in
Railway Employes' Department, et al v. Hanson, et al (351 U. S. 225)
where it said:
. . a Union Agreement made pursuant to the Railway
Labor Act has, therefore, the imprimatur of the federal
law upon it and by force of the supremacy clause of Article
VI of the constitution could not be made illegal nor vitiated
by any provision of the laws of a state.'
Therefore, it is clear that the fundamental key or pivotal question
is the violation of the Agreement.
Yours truly,
/s/ D. A. Bobo
General Chairman"
(Exhibits not reproduced.)
OPINION OF BOARD: This case involves the same parties and issues
as in Award No. 15480.
Part 1 of the claim will be sustained.
Parts 2 and 3 of the claim are sustained to the extent that the claimants
shall be reimbursed and made whole to the extent of the loss sustained by
them resulting from the abolition of the position involved herein.
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 has been violated.
AWARD
1. Part 1 of the claim is sustained.
2. Parts 2 and 3 are sustained to the extent that the Claimants'
W. H. Dodd, D. F. Jameson, F. M. Seaton, B. J. Estep, J. W. Hoffman,
15481 13
D. D. Moorhead, W. C. Allen, T. J. Bailey, J. F. Overton, and
R. E. Shafer shall be made whole for whatever monetary loss they
suffered as a result of the abolition of the agent-telegrapher position at Truscott, Texas. Each shall be compensated with a sum
equal to the difference between what he earned and what he would
have earned had the position not been abolished.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day of April 1967.
CARRIER MEMBERS' DISSENT TO AWARDS 15480, 15481, 15482
DOCKETS TE-12636, TE-12703, TE·13079
(Referee Kabaker)
What was said in Carrier Members' Dissent to Award 15358 (which the
majority followed in the instant cases) applies equally to Awards 15480, 15481
and 15482. We think these awards are ill-founded and we, therefore, dissent.
W. B. Jones
R. A. DeRossett
C. H. Manoogian
J. R. Mathieu
W. M. Roberts
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
15481 14