NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John J.
McGovern, Referee
PARTIES
TO
DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order
of
Railroad Telegraphers)
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Grand Trunk Western Railroad, that:
1. Carrier violated the terms of the parties' Agreement because
it failed to assign Extra Operator E. J. Smith to a vacancy existing
on the position of Relief Agent-Operator at Griffith, Indiana, to
which he was available for assignment on June 9, 10, 11, 12, 14 and
17, 1962, and to which he had entitlement over the regular employes
who were used on said dates on their rest days.
2. Carrier shall compensate Mr. E. J. Smith in the amount of
a day's pay for each date above specified, at the rate of the position
he was entitled to work each such date.
EMPLOYES' STATEMENT OF PACTS: Agent-Operator R. M. Summers
occupied a regular relief position assigned to work at Griffith, Indiana, as
follows:
Day Classification
Trick
Saturday Agent-Operator First
Sunday Agent-Operator First
Monday Agent-Operator-Clerk Second
Tuesday Agent-Operator-Clerk Second
Wednesday (REST DAY)
Thursday Operator-Clerk Third
Friday (REST DAY)
Mr. Summers went on vacation commencing Saturday, June 9, to June 21,
1962. This represented ten days' vacation plus rest days. While Mr. Summers
was on vacation, Extra Operator E. J. Smith, Jr., was available to cover the
We have no regular vacation relief on the Grand Trunk Western. This work is performed by extra employes. On the above mentioned dates, Extra Operator E. J. Smith was qualified and had not
had 40 hours' work in that period and should have been used at
Griffith.
Awards 4728, 4815 and 5333 state, 'If there is no regular relief man assigned rest day work must be given to an extra man,
if available, and if an extra man is not available, to the occupant
of the regular position on an overtime basis:
We feel that Article 12(b) is for the sole purpose of prohibiting
the employe's position being bulletined while he is on vacation.
Award 7176 states:
'It is clear that the intent of the cited rule [12(b) Vacation] was to fully protect employes on vacation in that,
as to such employes, their rights were to be maintained
just as if they were actually working. But the rule itself
contemplates that the positions of employes on vacation
might be filled. As to employes thus needed, the rule governing temporary vacancies applies. It was never contemplated that positions of employes on vacation could not be
filled.'
We cannot accept your declination of this claim, and this is to
advise we expect to appeal same to higher tribunals for adjudication.
Yours very truly,
/s/ L. H. Freeman
General Chairman"
Nothing further was heard of from the employes in connection with this
claim until August 20, 1963, when carrier received a copy of the employes'
August 16, 1963 notice to the National Railroad
Adjustment Board, Third
Division, advising of their intention to file ex parts submission in connection with the instant dispute. At no time have the employes requested or held
conference with the carrier in an attempt to settle this dispute as required
by the Railway Labor Act.
Copies of the Telegraphers' Working Agreement, dated November 1,
1955, in effect on this property, are on file with the Third Division.
OPINION OF BOARD:
The claim in this case is contested by the
Carrier on the grounds that no conference has been held by the parties to
consider, and, if possible, decide this dispute in accordance with the requirements of Section 2, Second of the Amended Railway Labor Act and Circular
No. 1 of the National Railroad Adjustment Board, dated October 10, 1934.
This being the case, Carrier contends that this Board does not have jurisdiction in the matter before us.
We agree with Carrier's position that a conference is mandatory in
accord with the above-cited Act and Circular and must, therefore, dismiss
the claim. (Awards 13959, Dorsey, and 14054, Dorsey)
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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 no jurisdiction over the
dispute involved herein.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 16th day of June 1967.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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