NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Thomas J. K.enan, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Atlantic Coast Line Railroad, that:
1. Carrier violated the Agreement between the parties when
effective March 1, 1962 it declared "abolished" the position of
ticket agent-telegrapher, Port Tampa, Florida, when in fact the work
of such position remained and was required to be performed daily
thereafter by employes not covered by the Agreement.
2. Carrier shall be required to restore the full time position of
ticket agent-Telegrapher at Port Tampa, Florida, as existed prior
to March 1, 1962.
3. Mr. W. L. Meyers shall be compensated in accordance with
Article 8 of the Agreement.
4. Carrier shall compensate the following extra telegraphers,
seniority in preference, eight (8) hours at $2.55 per hour: Mrs.
Mary T. Burdette, C. H. Eichel, C. A. Fawcett, C. E. Bone, H. 1. Wells,
R. L. Jackson, B. R. Harbin, F. L. G'ebhardt, C. E. Hymen, G. E.
Sorrells and G. R. Cocks.
5. Joint check of Carrier's records be ordered to ascertain and
verify the names and amounts due employes as set forth herein.
EMPLOYES' STATEMENT OF FACTS:
There is in full force and effect
collective bargaining agreements entered into by and between the Atlantic
Coast Line Railroad Company, hereinafter referred to as Carrier or Management, and The Order of Railroad Telegraphers, hereinafter referred to as Employes or Telegraphers. The Agreements are, by reference, made a part of
this submission as though set out herein word for word.
At Port Tampa, Florida, there is a station which was formerly used by the
Carrier in the handling of passengers, freight and general railroad business.
The Employes based their claim on their formal notice of November 8,
1961, reading as follows:
"No positions in effect on November 8, 1961, may be abolished or
discontinued except by agreement between the Carrier and the Organization."
Conferences have been held on the property concerning this proposal,
however, no agreement has been reached.
During appeal of this claim the Employes contended that the Carrier
cannot discontinue any position while there is pending their formal notice of
November 8, 1961. Carrier disagrees with the Employes? contention, as it is not
supported by the Railway Labor Act or the current agreement. There being no
merit in claim of the Employes, the claim was at all times declined.
Copy of Superintendent B. B. Vaughan's letter to General Chairman J. W.
Matthews on July 6, 1962, is attached as Carrier's Exhibit No. 1, and copy of
my letter to General Chairman Matthews on October 9, 1962, is attached as
Carrier's Exhibit No. 2.
(Exhibits not reproduced.)
OPINION OF BOARD:
This is a companion claim to that involved in
Award Number 16054. For the reasons set forth therein, this claim must be
denied.
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 no violation of the Agreement occurred.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of January 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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