THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees' Union on the Missouri Pacific Railroad (Gulf District), that:
EMPLOYES' STATEMENT OF FACTS: Buffalo, Texas, is located on the Palestine Division of the Missouri Pacific Railroad (Gulf District) approximately 36 miles west of Palestine, Texas. There are communication facilities maintained at this point during the hours of 7:00 A. M. to 4:00 P. M., daily, except Saturday and Sunday, with meal period during the hours of 12:00 Noon to 1:00 P. M. This is a one-man station and the Agent-Telegrapher M. D. Ingram, Claimant in this claim, owns all of the work, both inside and outside the assigned hours of the position.
On or about 5:17 P. M. on November 14, 1964, Surface Gang Foreman B. P. Sewers, from a booth telephone at Buffalo, contacted the Train Dispatcher at Palestine, Texas, and informed the Dispatcher that he desired to transmit a train order change. The Dispatcher rang the Telegrapher on duty in "H" Office, Palestine, and informed him to copy the train order change from the Foreman. Thereupon, Foreman Sowers transmitted the following:
9. In declining the claim, the Carrier repeatedly reminded the General Chairman of Special Board of Adjustment No. 305, Award No. 8, see Carrier's Exhibit A involving the parties which denied identical claims, totaling 21; however, the General Chairman refused to recognize the award as precedent but rather cited awards of other properties and agreements in support of his contention.
OPINION OF BOARD: On three occasions, a surface gang foreman, from a telephone booth at Buffalo, Texas, telephoned the telegrapher on duty at Palestine, Texas, and advised him of information to be passed on to the train dispatcher at Palestine, which information would likely be embodied in train order changes to be issued by the dispatcher. The employes contend that such "train order information" should have been given by the surface gang foreman to the off-duty telegrapher at Buffalo for his transmission to the telegrapher at Palestine. The employes cite Rules 1 and 2 (c) of the Agreement as authority for their position as well as Award No. 17, Special Board of Adjustment No. 117.
The Carrier insists that nothing in Rules 1 and 2 (c) of the Agreement supports this view, that no evidence has been advanced to suggest that this type of work has been reserved to telegraphers through practice, tradition and custom, and that Award No. 8, Special Board of Adjustment No. 305 is contrary to the award cited by the Employes and is better reasoned.
The Board notes that the two awards of the Special Boards of Adjustment (No. 17 of 117 and No. 8 of 305) are irreconcilable and involve facts similar to those presented in the instant dispute. Both awards are precedents for this dispute.
Rule 2 (c) governs certain communications between train dispatchers and train and engine service employes. Surface gang foremen do not fall within the provisions of such rule, so only Rule 1 could support the Employes' position.
Rule 1, the Scope Rule, is general in nature. To establish that any particular work is reserved to telegraphers by Rule 1, it is necessary for the Employes to advance evidence to show that, by practice, custom and tradition, the work has been performed only by telegraphers. No such evidence was advanced in this instance.
The Board believes that, off the two prior awards concerning the issue at hand, the better reasoned was Award No. 8, Special Board of Adjustment No. 305. Accordingly, such award will be followed, and the instant claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respec tively 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