NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Bill Heskett, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers on the Southern Railway, that:
CLAIM NO. 1
The Carrier violated Rule 1, Scope and Rule 10, Calls of the
Telegraphers' Agreement on dates listed herein when it required or
permitted employes not covered by the Telegraphers' Agreement to
receive and transmit messages of record.
Violation No. 1: January 27, 1962 the train dispatcher transmitted
by telephone a message of record to Mr. Kemp, track supervisor, at
Woodstock, Alabama. Mr. Kemp then repeated the message to the
dispatcher.
Violation No. 2: December 17, 1961, January 26 and 27, 1962
the train dispatcher transmitted by telephone messages of record to
Mr. Andrews and Mr. Sims, track supervisors at Tuscaloosa, Alabama.
These messages were repeated to the dispatcher by Mr. Andrews and
Mr. Sims.
Violation No. 3: December 17, 1961, January 5 and 27, 1962 the
train dispatcher transmitted by telephone, messages of record to Mr.
Andrews and Mr. Sims, track supervisors at Moundville, Alabama.
These messages were repeated to the dispatcher by Mr. Andrews and
Mr. Sims.
For violation No. 1, Carrier shall compensate Mr. J. C. Daniel,
agent-telegrapher, Woodstock, Alabama, by paying him one call on
January 27, 1962.
For violation No. 2, Carrier shall compensate Mr. G. C. Wilemon,
clerk-telegrapher, Tuscaloosa, Alabama by paying him one call each
day for December 17, 1961 and January 26 and 27, 1962. A total of
three calls.
For violation No. 3, Carrier shall compensate Mr. E. L. Day,
agent-telegrapher, Moundville, Alabama by paying him one call each
day for December 17, 1961, January 5 and 27, 1962. A total of three
calls.
The Carrier violated Rule 1, Scope and Rule 10, Calls, of the
Telegraphers' Agreement on dates listed herein when it required or
permitted employes not covered by the Telegraphers' Agreement to
receive and transmit messages of record.
Violation No. 1:
December 17, 1961 and January 26, 1962 the
train dispatcher transmitted by telephone messages of record to Mr.
Andrews and Mr. Sims at Akron, Alabama.
Violation No. 2: January 12, 16, 27 and 29, 1962, the train dispatcher transmitted by telephone messages of record to Mr. Sims,
Mr. Price and Mr. Latham as listed herein at Eutaw, Alabama.
Violation No. 3: January 11, 13 and 27, 1962, the train dispatcher
transmitted by telephone messages of record to Mr. Sims and Mr.
Garreston as listed herein at York, Alabama.
For violation No. 1, Carrier shall compensate Mr. I. V. Stokes,
agent-telegrapher, Akron, Alabama by paying him one call each day
for December 17, 1961 and January 26, 1962. A total of two calls. The
same compensation shall be allowed to Mr. 1. V. Stokes for each subsequent date that the violation of transmitting and receiving messages
of record are permitted.
For violation No. 2, Carrier shall compensate Mr. W. L. Magee,
agent-telegrapher, Eutaw, Alabama by paying him one call for each
day on January 12, 16, 27 and 29, 1962, a total of four calls and the
same compensation shall be allowed Mr. W. L. Magee for each subsequent date that the violation of transmitting and receiving messages
of report and record is permitted.
For violation No. 3, Carrier shall compensate hlr. H. L. Hoot,
agent-telegrapher, York, Alabama by paying him one call each day
for January 11, 13 and 27, 1962, a total of three calls and the same
compensation shall be allowed Mr. H. L. Hoot for each subsequent date
that the violation of transmitting and receiving messages of report and
record is permitted.
This is a continuing claim for all violations subsequent to the dates
shown herein.
EMPLOYES' STATEMENT OF
FACTS: In Claim No. 1, Mr. J. C. Daniel
was the regular assigned agent-telegrapher at Woodstock, Alabama, with
assigned hours of 7:00 A. M. to 4:00 P. M., Monday through Friday with Saturday and Sunday as rest days. On January 27, 1962 the train dispatcher transmitted by telephone the following message to Mr. Kemp, the track supervisor
located at Woodstock, who in turn, repeated the message to the dispatcher:
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man on May 15 and 28, 1963, which was before the ORT filed its letter of
intention to submit the claims here involved to the Board.
The agreement between Carrier and its employes as represented by The
Order of Railroad Telegraphers, revised effective September 1, 1949, contains,
among others, the following rules:
"RULE 1. SCOPE
(a) This agreement applies to all telegraphers-telegrapherclerks, telephone operators (except telephone switchboard operators),
agent-telegraphers, agent-tedephoners, towermen, levermen, block operators and staffmen, operators of mechanical telegraph machines,
wire chiefs, assistant wire chiefs, or analogous positions hereafter
established; also such station agents and assistant station agents and
ticket agents as are listed herein.
(b) The word 'employe' as used in these rules will apply to all
the foregoing classes, and employes will be classified according to
duties performed."
"RULE 10. CALLS
(a) Except as otherwise provided in these rules, employes called
to perform work outside of established hours will be paid a minimum
of two (2) hours and forty (40) minutes at time and one-half rate for
two hours and forty minutes' work or less, additional time calculated
on minute basis at time and one-half rate.
(b) For work in advance of and which continues to starting time
of regular work period, employes will be paid a minimum allowance
of one hour at time and one-half rate for one hour or less, additional
time calculated on minute basis at same rate."
"RULE 44.
TERMS OF AGREEMENT
This agreement supersedes and cancels all former agreements, but
does not, except where rules are changed, alter former accepted and
agreed to practices, working conditions or interpretations.
This agreement is revised as of September 1, 1949 and shall continue in effect until thirty (30) days' written notice is given by either
party to the other of desire to revise or modify in accordance with the
provisions of the Railway Labor Act."
(Exhibits not reproduced.)
OPINION OF BOARD:
In both claims 1 and 2, the Organization contends
that Carrier violated "Rule 1-Scope" and "Rule 10-Calls" of the Agreement when it allowed personnel operating track motor cars in a CTC area to
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contact the dispatcher and request his permission to occupy the main tracks
instead of using Claimants, the regularly assigned telegraphers.
The Organization relies solely upon its contention that the work was
within the "scope" and "call" rules of the agreement. A perusal of the Scope
Rule discloses that it is general in nature. Notwithstanding same, the Organization failed to prove that such work had traditionally and exclusively been done
by telegraphers such as Claimants. Therefore, it failed to meet its burden of
proof and the claims are denied. See Award 12710 (Yagoda), claims 2 and 3,
for a similar decision between the parties; also see Award 14538 (Perelson).
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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 Carrier did not violate the Agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of November 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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