NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Daniel House, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
CHICAGO GREAT WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Chicago Great Western Railway, that:
1. Carrier violated the Agreement between the parties when on
December 2, 1961, it required or permitted the Section Foreman
headquartered at Sheridan, Missouri, a person not covered by the
Agreement, to handle (receive, copy and deliver) lineup of trains
at a time the Agent-Telegrapher was not on duty, then failed and
refused to compensate Agent-Telegrapher H. I. Dunn for a call.
2. Carrier shall compensate Agent-Telegrapher H. I. Dunn in
the amount of a call allowance of two hours' pay at the time and
one-half rate for December 2, 1961.
EMPLOYES' STATEMENT OF FACTS: The Agreement between the
parties, effective June 1, 1948 (reprinted May 1, 1958), as amended and
supplemented, is available to your Board and by this reference is made a
part hereof.
Sheridan, Missouri is a one-man station. The position at Sheridan is
classified Agent-Telegrapher. The assigned hours of the position are 8:00
A. M. to 5:00 P. M. (one hour for lunch), Monday through Friday. The rest
days are Saturday and Sunday, on which days the station is closed. H. I. Dunn
is the regularly assigned Agent-Telegrapher at Sheridan.
On Saturday, December 2, 1961, the Section Foreman at Sheridan
handled (received, copied and delivered) a lineup of trains, copying same
for the Train Dispatcher on the Train Dispatcher's telephone. The Section
Foreman required the lineup so that he could move from Sheridan northward
towards Diagonal, Iowa, to repair a broken rail reported by Train No. 5
that day. The lineup copied by the Section Foreman at Sheridan reads as
follows:
OPINION OF BOARD:
This case can properly be disposed of by quoting what we said in our Award No. 11486 (Hall):
"The Petitioner has completely failed to furnish any factual
proof of any violation of the Agreement. It naturally follows that
any effort on our part to determine the rights of the subject parties
would be a futile one. For the foregoing reason the claim must be
dismissed."
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 dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of May 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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