__ Award No. 16057
Docket No. TE-14566
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Thomas J. Kenan, 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 on
June 27, 1962, it unilaterally and arbitrarily declared abolished the position of Clerk-Telegrapher at Douglas, Georgia, without in fact
abolishing the work of the position, and concurrently therewith assigned the work of the position to an employe, or employes, not
covered by said Agreement.
2. Because of this violative action, Carrier shall be required
to return W. W. Mims to his regular assignment of Clerk-Telegrapher
at Douglas, Georgia, and reimburse him for all monetary losses
sustained in accordance with the terns of Article 8 of the Agreement.
3. Commencing June 27, 1962, and continuing on a day-to-day
basis, so long as the violation outlined above exists, Carrier shall
compensate J. C. Rhoden and/or others, seniority in preference, in
the amount of a day's pay of eight (8) hours at the applicable rate of
the Clerk-Telegrapher position at Douglas, Georgia for each such
day of violation. A joint check of the Carrier's records to be made to
determine who is entitled to compensation.
EMPLOYES' STATEMENT OF FACTS: The Agreement between the
parties, effective November 1, 1939, as amended and supplemented, is available
to your Board and by this reference is made a part hereof.
Prior to June 27, 1962, there were three positions at Douglas, Georgia,
a Supervisory Agent, a Clerk-Telegrapher and a Cashier-Clerk. W. W. Mims
(a Claimant in this dispute) was regularly assigned to the position of ClerkTelegrapher with an assignment working 8:00 A. M. to 5:00 P. M, (one hour for
lunch) Monday
through Friday
. On June 27, 1962, without conference or agreencent with the duly- accredited Representatives of the employes the Carrier
claim of the Employes, the claim that the position be restored was at all times
declined.
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.
AWARD
Claim denied.
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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