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 Seaboard Air Line Railroad, that:
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties, effective January 1, 1959, as amended and supplemented, is available to your Board and by this reference is made a part hereof.
Raleigh Tower, North Carolina, is located on the Raleigh Subdivision of the Virginia Division of the Carier's lines which is the point where the Seaboard Air Line and Norfolk and Southern Railroads tracks cross. This crossing is interlocked. Approximately one-half of the floor space of the Raleigh Tower is occupied by the opperator-levermen employed by the Norfolk and Southern Railroad and these levermen handle the crossing signals and switches contained in the interlocking plant. For a great number of years prior to February 1, 1959, the remaining approximately one-half of the floor space in the Raleigh Tower was occupied by telegraphers employed by the Seaboard Air Line Railroad (Respondent in this dispute). These telegraphers performed the work of handling train orders and other communications for the Seaboard Air Line Railroad. Prior to about September 1, 1958, there were three such telegrapher positions in the Raleigh Tower providing continuous train order and telegraph service. On or about September 1, 1958, Carrier abolished the second and third shift telegrapher positions at Raleigh Tower. On February
but simply provided a means, within the framework of the operating rules, by which the operator-leverman could properly hold southbound trains at Raleigh Tower in order for northbound trains moving against the current of traffic to safely reach that point.
It is asserted by the Carrier that there is no operator employed at Raleigh Tower.
Three telegrapher positions had been established in Raleigh Tower to handle the train orders and other work incident to the double track operation. Second and third shift telegrapher positions were abolished September 1, 1958 and on February 1, 1959 the remaining Seaboard telegrapher position was abolished, leaving the tower manned solely by Norfolk Southern (levermen) employes.
In June of 1962, the Southern used its local freight No. 64 to perform switching service at industrial plants. Carrier states that in order to avoid delay on northbound trains it began to operate them over southbound main. It assigned the handling of the train orders and communication required in such an operation to the levermen at Raleigh Tower, who are employes of Norfolk Southern; not Seaboard Air Line.
Organization states Carrier thus deprived Seaboard Employes of their right to work.
Among the citations offered by or in behalf of the Carrier are several (Award Nos. 7154, 10442, 10604, 10605, 10606 and 10782) which it believes supports its position here.
We believe that the instant case is distinguished from those relied on by Carrier by the fact that the work here was assigned to employes of another Carrier.
That being so, it is also fundamental Carrier could not assign the work to employes of another Carrier.