PARTIES TO DISPUTE:

 TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

SOUTHERN PACIFIC COMPANY

(Pacific Lines)


STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Southern Pacific Company (Pacific Lines), that:

1. The Carrier violated the terms and intent of the current Telegraphers' Agreement when it required D. B. Hatch, Relief AgentTelegrapher, Westwood, California, to perform relief work as agenttelegrapher, Susanville, California, June 26 to July 5, 1963, inclusive, when no emergency as defined under Rule 9 existed and did not pay him under applicable rules and at applicable rates for this service.


2. As a consequence of these violations, the Carrier now shall be required to:


















1. Carrier violated the provisions of the Telegraphers' Agreement, Rules 3, 5 and 15, on October 11, 12, 14, 17, 18, 19, 20, 21, 1963, at Bisbee Junction, Arizona, when regularly assigned employe, relief position, Douglas, Arizona, was required to perform service on other than his regular assigned relief position under conditions which did not constitute an emergency.


2. Claim in behalf of H. H. Stemple, regularly assigned traveling relief position, headquarters Douglas, Arizona, whose assigned

hours are as follows:

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Tuesday and Wednesday, rest days, for additional compensation as follows:











1. Carrier violated the provisions of the Telegraphers' Agreement, Rules 3, 5 and 15, on July 11 and 12, 1962, at Los Banos, California, when it required R. J. Roup, regularly assigned Relief No. 13, to work off his regular assignment under conditions which did not constitute an emergency.


2. Claim in behalf of R. J. Roup, regular assigned Relief Position No. 13, whose headquarters at Chowchilla, and whose assigned hours are as follows:


Tuesday 3rd Teleg: Clk. Los Banos 11:00 P. M. 7:00 A. M.
 Wednesday 3rd Teleg: Clk. Los Banos 11:00 P. M.-7:00 A. M.
 Thursday 3rd Teleg: Clk. Chowchilla 11:00 P. M. 7:00 A. M.
 Friday 3rd Teleg: Clk. Chowchilla 11:00 P. M. 7:00 A. M.
 Saturday Agent-Teleg. Chowchilla 7:00 A. M.-3:00 P. M.
 Sunday Rest Day
 Monday Rest Day

for eight (8) hours at the pro rata rate of his regular assignment third telegrapher-clerk, Los Banos, July 11, 1962; and eight (8) hours at the pro rata rate of his regular assignment third telegrapher-clerk, Chowchilla, July 12, 1962. Rate $2.5953 per hour.






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1. Carrier violated the provisions of the Telegraphers' Agreement, Rules 3, 5, 9 and 15, on March 12 and 13, 1963, at Guadalupe, California, when it failed and refused to properly compensate S. A. Free, regular assigned manager-wire chief-telegrapher-clerk, San Luis Obispo, California, when it required him to work off his regular assignment under circumstances which did not constitute an emergency.


2. Claim in behalf of S. A. Free, regularly assigned managerwire chief-telegrapher-clerk, San Luis Obispo, California, whose assigned hours are from 8:00 A. M. to 4:00 P. M. daily, Monday through Friday, with rest days Saturday and Sunday, for eight (8) hours per day at the pro rata rate of manager-wire chief-telegrapher-clerk, San Luis Obispo, paid for but not worked for March 12 and 13, 1963.












The basic and underlying cause for these claims stems from a contention of the Employes that Carrier has engaged upon a "no hiring" campaign in 1961 with the end result that the complement of extra employes required to perform relief service on vacancies due to various causes (vacation, illness, military service, leave of absence, etc.) is far short of that needed, whereby Carrier is repeatedly diverting regular employes from their regular assignments and causing them to perform relief service under the guise of "emergency."





Rule 9 of the parties' Agreement confirms the non-removal principle of diverting regularly assigned employes for relief work under Rule 15, but makes an exception thereto in bona fide cases of emergency. This Rule 9


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Copies of the correspondence exchanged between the parties during the handling of these claims on the property are attached as:
















OPINION OF BOARD: This case consists of six separate claims, five of which involve an interpretation of Rule 9, the emergency relief rule, which in pertinent part reads as follows:




REGULAR ASSIGNED EMPLOYES PERFORMING

RELIEF WORK








In Claims 1, 4, 5 and 6, temporary relief service was performed because of the illness of the employe to be relieved. No extra men were available. We can see no substance to the argument that unforeseen illness of an employe does not constitute an emergency as envisioned by the above cited rule. An emergency did exist, and Carrier was correct in its action. We will deny Claims 1, 4, 5 and 6.


In Claim No. 2, the Organization's District Chairman took time off to handle Organization business, giving Carrier a two-day notice. Again, there were no extra men available. Due to the shortage of the notice given, we hold that this situation constituted an emergency as envisioned by Rule 9. We will deny Claim No. 2.


Claim No. 3 does not involve emergency service. A regularly assigned employe was required to work on other than his assigned position during his regularly assigned hours. The claim is for dual compensation. Petitioner has based this claim on the Guarantee Rule. A review of the record, insofar as this claim is concerned, convinces us that the contracting parties never intended dual compensation in this type of situation. The interpretation given this rule over the years dictates a decision contrary to that demanded by the Organization. We will deny Claim No. 3.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:




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 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








Dated at Chicago, Illinois, this 29th day of January 1969.

 Keenan Printing Co., Chicago, Ill. Printed in U.y.A
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