98· 8_ Award No. 15715
Docket No. TE-14435







PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

(Formerly The Order of Railroad Telegraphers)


SOUTHERN PACIFIC COMPANY

(Pacific Lines)


STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific (Pacific Lines), that:

1. Carrier violates the intent and terms of an Agreement between the parties when, without conference or agreement, it assigned the sale of air line tickets (United, American, Trans World, etc.) to Southern Pacific Agents at *(1) Madera, *(2) Willows, *(3) Pittsburgh, *(4) Lincoln, *(5) Auburn, *(6) Placerville, California and requires Agent-Telegraphers and/or other covered employes to sell air line tickets, handle air baggage, make air line reservations, and in general conduct air line passenger business for air line companies without additional compensation either in the form of an increase of salary or commissions.




2. Carrier shall, because of the violations set out in paragraph 1 hereof, compensate employes required to handle said air line tickets ten (10) percent commission on the total amount of air line tickets sold in accordance with the following:






























































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EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the parties to this dispute, effective December 1, 1944_ reprinted March 1, 1951, and as otherwise amended. Copies of said Agreement

are, as prescribed by law, assumed to be on file with your Board and are,, by this reference, made a part hereof.


The six (6) claims incorporated into this appeal were handled on the property separately. However, since the question at issue, namely, that. employes required to handle air line tickets and other duties incidental thereto shall be paid ten (10) percent commission on the total amount of air line tickets sold, is the same in all of the claims which have been progressed on the property under identical rules and arguments, the Employes. have, in the interest of brevity and to eliminate repetitious handling, incorporated the six claims into this one appeal. This procedure has been approved by your Board in Awards 10619 (LaBell); 11300 (Moore); 11174 (Dolnick); 4821 (Carter).


There are, as the substantive claims show, six (6) station locations involved in these complaints. The wage scale lists the positions existing at Madera, Willows, Pittsburg, Lincoln, Auburn, Placerville, Californa, on theeffective date of the parties' Agreement as follows:












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the normal course of handling in chronological order are attached as Carrier's Exhibit F, sheets I through 8, involving Claim No. 1(a) (Madera); Carrier's Exhibit G, sheets 1 through 8, involving Claim No. 2(a) (Willows); Carrier's Exhibit H, sheets 1 through 8, involving Claim No. 3(a) (Pittsburg); Carrier's Exhibit 1, sheets 1 through 8, involving Claim No. 4(a) (Lincoln); Carrier's Exhibit J, sheets 1 through 8, involving Claim No. 5(a) (Auburn); and Carrier's Exhibit K, sheets 1 through 8, involving Claim No. 6(a) (Placerville).


When Carrier's Assistant Manager of Personnel denied the claims to Petitioner's General Chairman (see sheet 8 to each of Carrier's Exhibits F, G, H, 1, J and K), he took exception to the claim for ". . . or his (or her) successor . . . on each date subsequent to . " on the premise such was not a proper claim, and then went on to state that no provision of the Telegraphers' Agreement requires payment of 10% or any other rate of commission for handling air line ticket sales.




OPINION OF BOARD: The question involved here is set out on page three of the employes' submission. They state:





The employes cite no rule of the Agreement to support their claim. They do cite numerous instances where telegraphers have been paid commissions for handling business for companies or agencies other than the Carrier.





This Board has no authority to decide the claim before us. This is a negotiable matter, and the claim will be dismissed.




FINDINGS: The Third Division of the Adjustment Board, 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



    Claim dismissed.


              NATIONAL RAILROAD ADJUSTMENT BOARD

              By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary

Dated at Chicago, Illinois, this 30th day of June 1967.

Keenan Printing Co., Chicago, I Ii. Printed in U.S.A.
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