EMPLOYES' STATEMENT OF FACTS: At Belton, South Carolina, there was a joint agency for the Southern Railway as well as Railway Express. The position was held by Joint Agent O. D. Hutchinson. By letter of March 1, 1962, Superintendent McVay notified General Chairman Watson that by authority of the South Carolina Public Service Commission he was closing the joint office at Belton, effective March 2. See ORT Exhibit 1.
Approximately six months later, on August 23, 1963, Mr. Watson wrote to General Manager Ridleboover, stating that his declination of the claim was unacceptable. Some three and one-half months later, the claim was appealed to the Board by Ili. G. E. Leighty, President of the Order of Railroad Telegraphers.
OPINION OF BOARD: On March 2, 1962, a joint agency for the Southern Railway Company and the Railway Express Agency, Inc. at Belton, South Carolina, was discontinued. The Order of Railroad Telegraphers in b~half of Joint Agent 0. D. Hutchinson, contends that the discontinuance of the agency was made without reasonable notice or conference between the parties in violation of Arti~le XI of the controlling Agreement. It requests restoration of the joint agency and compensation for the commissions the Agent would have received if the agency had not been discontinued.
Carrier urges that in view of the fact that it discussed the question of the agency discontinuance with Agent Hutchinson, and that he concurred in its decision to eliminate the agency, it complied with the requirements of Article XI. It maintains that there is nothing in the Agreement which prohibits it from discontinuing an agency in order to conduct its business with greater efficiency and economy.
Carrier's contention that the Board lacks jurisdiction is without merit. See Awards 298, 648, 13164, 14580 and 14630.
With reference to the question of whether the closing of the joint agency was made after reasonable notice in accordance with Article XI, the record shows that the General Chairman received a letter dated March 1, 1962, in which he was advised that the joint office at Belton, South Carolina, was to be closed effective March 2, 1962, a one-day notice. Prior discussions with Agent Hutchinson during which that employe indicated he favored the discontinuance; of the agency because he could not handle the volume of traffic and was net interested in establishing pick up and deliv-
cry service at Belton, did not constitute "reasonable notice to and conference between the parties hereto or their designated representative . . ." since Mr. Hutchinson was not the designated representative of the Order of Railroad Telegraphers. Moreover, one day notice is too precipitate action to be considered reasonable. When a conference was finally held on July 2, 1962, in which the General Chairman and the Superintendent of the Express Agency represented the parties, there was compliance with Article XI.
For the reasons stated, we hold that the claim in paragraph I is sustained and compensation requested in paragraph 2 is allowed only for the period between March 2, 1962 and July 2, 1962, the date Carrier complied with Article XI. Since the Agreement does not restrict or prohibit Carrier from discontinuing a joint agency, the request for restoration of the agency at Belton and for a joint check made in paragraphs 2 and 3 is denied, as is paragraph 4.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the eridencc, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes witbin 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
Claim sustained in part and denied in part in accordance with Opinion and Findings.