- Award No. 17234
Docket No. TE-17593
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Paul C. Dugan, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
CHICAGO GREAT WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the Chicago Great Western Railway, that:
1. Carrier violated the Agreement between the parties when on
January 19, 21, 24, 26, February 2, 4, 7, 9, 11, 14, 16, 18, 21, 23,
25, 28, March 2, 4, 7, 9, 11, 14, 16, 18, 21, 23, 25, 28, 30, April 1,
4, 6, 8, 11, 13, 15, 18, 20, 22, 25, 27, 29, May 2, 4, 6, 9, 11, 13, 16,
18, 20, 23, 25, 27, 30, June 1, 3, 6, 8, 10, 13, 15, 17, 20, 22, 24, 27,
29, July 1, 4, 6, 8, 11, 13, 15, August 17, 19, 22, 24, 26, 29, 31,
September 2, 7, 9, 12, 14, 16, 19, 21, 23, 26, 28, 30, October 3
and 5, 1966, it required the second shift telegrapher-clerk at
Clarion, Iowa to leave train orders, clearance cards and messages
on the train register to be picked up by members of the train
crews addressed at a time no telegrapher was on duty at Clarion.
2. Carrier shall be required to compensate the telegrapher-clerks at
Clarion, Iowa for a call each date as follows:
F. J. Mentzer-January 19, 26, February 2, 4, 9, 11, 16, 18, 23, 25,
March 2, 4, 9, 11, 16, 18, 23, 25, 30, April 1, 6, 8, 13, 15, 20, 22, 27,
29, May 4, 6, 11, 13, 18, 20, 25, 27, June 1, 3, 8, 10, 15, 17, 22, 24,
26, 29, July 1, 6, 8, 13, 15, August 17, 19, 22, 24, 26, 29, 31, September 2, 7, 9, 12, 14, 16, 19, 21, 23, 26, 28, 30, October 3 and 5,
1966.
I). L. Wigfield-January 21, 24, February 7, 14, 21, 28, March 7,
14, 21, 28, April 4, 11, 18, 25, May 2, 9, 16, 23, 30, June 6, 13,
20, July 4, 11, 1966.
EMPLOYES' STATEMENT OF FACTS:
(a) STATEMENT OF THE CASE
This case is based upon the rules of the Agreement between the parties
which became effective June 1, 1948 (reprinted May 1, 1958), as amended and
supplemented. This Agreement, together with its amendments and supplements, is available to your Board.
Claimants in the instant docket are the same, location the same and
circumstances identical in principle to Docket No. TE-16320--only dates of
alleged violations are different.
(Exhibits not reproduced)
OPINION OF BOARD: The issue herein is similar to Docket No.
TE-16320, Award 17233, involving these same parties to these disputes and
inasmuch as said Award is controlling herein, it is our conclusion that the
claim must be sustained.
In regard to damages, Carrier contends that the dates of violations
by Carrier specified in the statement of claim after March 18, 1966 were
not raised during the handling on the property and thus cannot be considered by this Board. However, the record shows that the Organization did
submit said dates of alleged violations during the handling on the property,
and therefore said contention is without merit.
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 2!1, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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