STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Toledo, Peoria and Western Railroad, that:
EMPLOYES' STATEMLBNT OF FACTS: There is in full force and effect an Agreement by and betweol the Toledo, Peoria and Western Railroad Company, hereinafter referred to as Carrier, and all that class of its employes represented by the Transportation-Communication Employes Union (formerly The Order of Railroad Telegraphers), hereinafter referred to as Employes and/or Union, effective April 29, 1947, revised to September 30, 1953, and as otherwise amended and supplemented. Copies of said Agreement are available to your Board, and are, by this reference, made a part hereof.
At page 22 of said Agreement, under Rule 24 - Rates of Pay, are listed the positions in effect at La Harpe, Illinois on the effective date thereof. For ready reference they are:
Carrier's position is that telegraphers have not always performed the work of calling crows; that both clerks and telegraphers have on occasions called crews at Ca-_-r'er terminals in Keokuk, Iowa and EFfner, Illinois; that clerks have always called crews at East Peoria, Illinois; that while it is true that the work of calling crews has been performed at La Harpe by telegraphers far many years. Carrier should not be penalized and be required to pay an employs covered by thz Agreement who would perform only clerical work when called; that no work covered by the scope rule of the telegraphers' Agreement was transferred to employes no,' covered by the Agreement inasmuch as clerical work of some nature is performed by many crafts, although primarily the work of clerks; that the work of calling crews is not exclusively allocated to telegraphers and that all telegraphic work at La Harpe is still being performed by employes subject to the telegrapher's Agreement.
V` hil·e crew calling may not be an inherent component of a telegrapher position and may often be required as an incident to other work customarily assigned to telegraphers (see Award No. 18820), we find that the July 15, 1959 Memorandum of Agreement between the parties hereto clearly bound Carrier not to assign the work in this instance, at La Harpe to employes not subject to said Agreement; and thus Carrier violated said Memorandum of Agreement, after abolishing the third shift clerk-operator position at La Harpe when it permitted employs at East Peoria Yard to call craws and we will thus sustain 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 disptue 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 jurisditcion over the dispute involved herein; and