Award Number 17715
Docket Number TE-16711
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Gene T. Ritter, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
CENTRAL OF GEORGIA RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the Central of Georgia
Railway, that:
1. (a) Carrier violated the Agreement when on the 24th day of
August 1965 it required and permitted Conductor J. W.
Gunter, Jr., an employee on Train No. 81 not covered by
the Telegraphers' Agreement, to handle (receive, copy, repeat and deliver) Train Order No. 28 at Royal City, Ala
bama via telephone.
(b) Carrier, in consequence of its violative action, shall be required to compensate Mr. E. L. Burns, extra telegrapher,
Opelika, Alabama for one two hour call at one and onehalf times the pro rata hourly rate of $2.7028 per hour for
the violation set forth above.
2. (a) Carrier violated the Agreement when on the 14th day of
August 1965, it caused, required or permitted Conductor Williamson, a train service employee, not covered by the Telegraphers' Agreement, to handle (receive, copy, repeat and
deliver) Train Orders Nos. 324 and 325 at Ida Green Gardens,
Georgia, via telephone.
Ib) Carrier, in consequence of its violative action, shall be required to compensate Mr. W. C. McLaney, agent-telegrapher,
Pine Mountain, Georgia for a two hour call at one and
one-half times pro rata hourly rate of $2.7028 per hour.
EMPLOYES' STATEMENT OF FACTS: An Agreement between the
Central of Georgia Railway Company and this Union (formerly The Order
of Railroad Telegraphers), dated October 31, 1959, as amended and supplemented, is available to your Board and by this reference is made a part
hereof.
These claims were presented and progressed by the Employees 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.
TCU Exhibits 1 through 13 are representative of all of the correspondence exchanged in the handling of the claims on the property.
and the agreement, as amended, is hereby made a part of this dispute as
though reproduced herein word for word.
There are no "extra telegraphers" or "telegraphers" employed anywhere on this Carrier. There are no telegraph wires. Job titles are listed on
Pages 44 to middle of Page 50 of the printed agreement.
(Exhibits not Reproduced)
OPINION OF BOARD: The issues involved in this dispute are identical
to the issues involved in Award No. 17714.
Therefore this Claim will be sustained for the same reasons as set out
in said Award 17714.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and 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;
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 13th day of February 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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