NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
1. Carrier violated the Agreement between the parties when effective August 1, 1964 it declared "abolished" the position of Agent-Telegrapher at Whigham, Georgia, when in fact the work of such position remained and was required to be performed daily thereafter.
2. Carrier violated the Agreement between the parties when commencing August 1, 1964 and continuing thereafter, it merged, combined and consolidated the work, the service and duties of the position of Agent-Telegrapher at Climax, Georgia, with the work, service and duties of the Agent-Telegrapher at Whigham, Georgia, and required one Agent to divide his time between two (2) stations located 6.6 miles apart.
3. Carrier shall be required to restore the full time position at Climax and Whigham to a minimum eight (8) hour daily basis as each existed prior to August 1, 1964.
4. The regular assigned occupant of Whigham Agency, C. L. Phillips, who was improperly removed from his assigned position, shall be restored thereto, and be compensated in full for all monetary losses resulting from Carrier's action in removing him from his regular assignment, and also pay him for all expenses incurred as well as travel and waiting time while working on other positions.
5. As a result of Carrier's action, incumbent C. L. Phillips at Whigham displaced Agent H. D. Parker at Iron City, Georgia, H. D. Parker displaced Telegrapher J. A. Matthews at M0, Montgomery, Alabama, J. A. Matthews displaced Telegrapher C. L. McLendon at Chattachoochee, Florida, C. L. McLendon displaced Telegrapher R. Odom at Folkston, Georgia, and R. Odom reverted to the extra board because he did not stand for another position, Carrier shall be required to compensate these employes in accordance with Article 8 of the Agreement.
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect a collective bargaining Agreement entered into by and between Atlantic Coast Line Railroad Company, hereinafter referred to as Carrier or Management, and Transportation-Communication Employees Union (formerly The Order of Railroad Telegraphers), hereinafter referred to as Employes. The Agreement became effective November 1, 1939, and by this reference is made a part of this submission.
Positions involved in this dispute are listed in the Wage Scale of the Agreement, which scale was effective September 1, 1949, as follows:
The position of Clerk Telegrapher at Climax Agency was eliminated prior to the inception of the dispute presented here as a result of which the agency was handled by only one employe, tae Agent Telegrapher.
The dispute submitted herein was handled on the property in the usual manner through the highest officer designated by Carrier to handle such disputes and failed of adjustment. Under the provisions of the Railway Labor Act, as amended, this Board has jurisdiction over the parties and subject matter involved here.
Whigham and Climax, Georgia are located on Carrier's main line be tween Thomasville, Georgia and Dothan, Alabama. Prior to August 1, 1964, Carrier maintained an agency at Whigham, Georgia, the only position there having been assigned to Claimant C. L. Phillips. His assigned hours were 8:30 A. M. until 5:30 P. M., with one hour for lunch, daily except Saturdays and Sundays.
Prior to August 1, 1964, Carrier maintained an agency at Climax, Georgia, the only position there having been assigned to Agent Telegrapher E. H. Hayes, whose regular assigned hours were 8:00 A. M. until 5:00 P. M., including one hour for lunch, daily except Saturdays and Sundays.
On or before August 1, 1964, Carrier's Superintendent issued instructions to Agent Telegrapher Hayes at Climax, Georgia that he would perform service as follows:
The employes also based their claim on their formal notice of May 31, 1963, for "Stabilization of Employment." Mediation proceedings on this proposal were being conducted on a national basis at the time the instant claim was declined by the Director of Labor Relations on December 15, 1964. Subsequently, agreement on this proposal was reached on national basis on February 7, 1965.
It should be noted that during other instances of station consolidations on Carrier's Waycross Division, and other operating divisions, agreement has been reached to effect similar consolidations such as occurred at Climax and Whigham. One such agreement, covering Patterson and Hoboken, Georgia, dated January 23, 1962, on the Waycross Division, is attached hereto as Carrier's Exhibit D. However, as previously stated, agreement could not be reached because of the insistence of the employes' representative that the proposed station consolidation agreement provide protective conditions similar to those embodied in the Washington Job Protection Agreement.
Another such agreement, covering Reddick and McIntosh, Florida, dated March 26, 1965, on the Ocala Division, is attached hereto as Carrier's Exhibit E.
During appeal of this claim, the employes contended that the Carrier cannot discontinue any position while there is pending their formal notices of November 8, 1961 and May 31, 1963.
Carrier disagrees with the employes' contention, as it is not supported by the Railway Labor Act, or the current agreement.
The current agreement is on file with the Third Division, and is by reference made a part of this submission.
OPINION OF BOARD: This is a companion claim to that involved in Award No. 16055. 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 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