NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Robert A. Franden, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
NORFOLK AND WESTERN RAILWAY COMPANY
(Lake Region)
STATEMENT OF CLAIM:
Claim of the General Committee of the
Transportation-Communication Employees Union on the Norfolk and Western
Railway (Lake Region), that:
1. Carrier is violating Rule 26 of the Telegraphers' Agreement by
requiring and/or permitting trainmen to operate the telephone to
communicate with the train dispatcher for the purpose of blocking
trains between AC&NA Junction and Adena, Ohio.
2. Carrier shall compensate either the first-out, idle extra
telegrapher, or the senior idle regularly assigned telegrapher observing his rest day, if no idle telegrapher idle, in accordance with
the provisions of Mediation Agreement of February 23, 1962, commencing June 22, 1965 and continuing for each violation so long as
this violative practice is permitted to exist.
3. A joint check of records is hereby requested to determine the
number of violations to date.
EMPLOYES' STATEMENT OF FACTS: The Agreement between the
parties effective February 1, 1951 as amended and supplemented is available
to your Board and by this reference is made a part hereof.
These claims were presented and progressed in accordance with the time
limits provided by the Agreement up to and including appeal and conference
with the highest officer designated by the Carrier to receive appeals. Having
failed to reach a settlement, the Employes now appeal to your Honorable
Board of adjudication.
The violations of the Agreement at issue in these claims occurred at
AC&NA Junction, a point where two Branch lines spring off of the Wheeling
District main line of the Carrier which extends from Brewster Yard to
Terminal Junction. In order that trains operating over these branches may
leave or enter the main track from either direction (east or west), switches
The use of the telephone by train crews as specifically described in the
instances occurring on the three dates cited in the original claim letter (Carrier's Exhibit A) has been a regular occurrence since before 1931. None of the
conversation monitored and cited by the Employes became a matter of train
sheet information.
The handling of the claim on the Carrier's property is shown by the
following letters which are reproduced as Carrier's Exhibits:
CARRIER'S EXHIBIT A-June 28, 1965-Submission of claimDistrict Chairman to Chief Train Dispatcher.
CARRIER'S EXHIBIT B -June 30, 1965 -Denial of claim -Chief
Train Dispatcher to District Chairman.
CARRIER'S EXHIBIT C-July 8, 1965-Rejection of denialDistrict Chairman to Chief Train Dispatcher.
CARRIER'S EXHIBIT D-July 8, 1965-Appeal-District Chairman to Superintendent.
CARRIER'S EXHIBIT E-August 25, 1965-Denial of appeal -
Superintendent to District Chairman.
CARRIER'S EXHIBIT F-August 27, 1965-Rejection of denialDistrict Chairman to Superintendent.
CARRIER'S EXHIBIT G-September 13, 1965-Appeal-Generai
Chairman to Director of Personnel.
CARRIER'S EXHIBIT H-November 10, 1965-Denial of appealDirector of Personnel to General Chairman.
CARRIER'S EXHIBIT I-June 2, 1966-Affirmation of denialDirector of Personnel to General Chairman.
CARRIER'S T'XHIBIT J-July 19, 1966-Rejection of denial-General Chairman to Director of Personnel.
(Exhibits not reproduced.)
OPINION OF BOARD:
For the reasons set forth in the opinion covering
Award Number 17036, 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 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
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That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive SecretarY
Dated at Chicago, Illinois, this 26th daY of March 1969.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
17037