THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Colorado and Southern Railway, that:
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties effective October 1, 1948, including changes and agreed to interpretations to date of re-issue January 1, 1955, and as otherwise amended, is available to your Board and by this reference is made a part hereof.
At page 36 of said agreement are listed, under Rule 38, rates of pay, the positions in existence at Fort Collins, Colorado, on effective date of said Agreement. For ready reference the listing reads:
An Agreement between these same parties, effective October 1, 1918, under Article 1, listed the following positions at Fort Collins, Colorado:
Under date of January 12, 1966, the District Chairman of the Telegraphers' Organization, Mr. Carlos Chacon, Trinidad, Colorado, presented the instant claim to Superintendent E. C. Ackerman, Denver, Colorado, and therein named Telegrapher G. W. Colvin as claimant for payment of a two hour "call" at time and one-half rate. He therein cited a portion of the telephone conversations previously referred to as "train consist" and labelled each conversation as "Communication of record". See Carrier's Exhibit D.
Under date of January 24, 1966, Superintendent Ackerman properly declined the claim initiated by the District Chairman and therein pointed out that "These phone conversations were not communications of record." Carrier's Exhibit E.
Under date of February 8, 1966, the General Chairman of the Telegraphers' Organization appealed to the highest designated officer of the Carrier Superintendent Ackerman's declination of the instant claim. Carrier's Exhibit F.
Under date of April 1, 1966, the highest designated officer of the Carrier replied to the General Chairman's appeal and, in addition to affirming the original disallowance of the instant claim, directed the General Chairman's attention to the indisputable fact that such telephone conversations by employes other than Telegraphers were historically and traditionally the custom when Telegraphers at Fort Collins were on duty around-the-clock and that such telephone conversations have never been considered work to which Telegraphers possess a monopolistic right to the exclusion of other employes. Carrier's Exhibit G.
Following discussion at conference in the Carrier representative's office on July 12, 1966, the Carrier reaffirmed declination of the instant claim and reiterated that the telephone conversations at issue were not "train consists" nor could such conversations be properly constructed as "Communications of record." Carrier's Exhibit H.
At the aforementioned conference the General Chairman was shown an actual copy of No. 77's "train consist" (Carrier's Exhibit I), which lists the initial, number and type of car, the individual tonnage thereof, commodity, if loaded, or kind of empty, destination, routing and consignee. In the telephone conversations at issue no car initials, numbers, car types, tonnage, etc., are involved, and the information desired is not recorded but, if written at the time is then discarded. See Carrier's Exhibit A, B and C.
OPINION OF BOARD: The issue and the parties are identical to those in our Awards 16633 and 16634. For the reasons stated therein, we will deny the claim.
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;