BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
(Formerly Transportation-Communication Employees Union)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific Company (Pacific Lines), that:
1. Carrier violated the agreement between the parties when it transferred the work of the second and third shift Telegrapher-Clerk positions at Delano, California, to employes not covered by said agreement and improperly declaring the positions abolished.
EMPLOYES' STATEMENT OF FACTS: The agreement between the parties effective December 1, 1944, as amended and supplemented, is available to your Board and by this reference is made a part hereof.
Delano, California, is a station on the San Joaquin Division of this Carrier's lines. Prior to June 2, 1962, there were three basic positions under the Agreement at Delano. Agent-Telegrapher - 8 A. M. to 4 P. M.; second telegrapherclerk - 4 P. M. to 12 Midnight; third telegrapher-clerk - 12 Midnight to 8 A. M, Effective June 2, 1962, the Carrier declared the positions of second and third telegrapher-clerk abolished. Effective June 4, 1962, the Carrier established two clerical positions, under the Clerks' Agreement, starting at 4. P. M. and 12 Midnight, to perform the work formerly performed by the occupants of the second and third telegrapher-clerk positions at Delano. This change was made concurrent with the establishment of centralized traffic control as a method of moving trains through this territory, which drastically reduced the use of train
By lott~r dated September 25, 1962 (Carrier's Exhibit "D"), Petitioner's General Chairman presented claim on appeal to Carrier's Assistant Manager of Personnel, and under date of March 19, 1964 (Carrier's Exhibit "E"), the latter denied the, claim.
OPINION OF BOARD: On June 2, 1962, two positions of TelegrapherClerk at Delano, California, were abolished. This action took place upon conversion of the territory involw=d from train order operation to operation by means of Centralized Traffic Control, and elimination of train order work at Delano.
Prior to abolishment of these positions the incumbents performed various duties of a clerical nature in addition to their telegraphic work. Seasonally, one or more clerical positions were established to assist with increased clerical work, and this has continued since the telegrapher positions were abolished.
The basis of the claim is a contention that Carrier violated the telegrapher's agreement wh,.n it abolished the telegraphers' positions without discontinuing all of the work assigned thereto; and the subsequent assignment of the eler:cal work to newly established clerk positions.
Upon pmsentat;on of the claim to this Board and Employes introduce argument to the effect that the clerical employes are performing certain communication work that belongs to telegrapher:. No such contention or showing was specifically made during handlirg, on the property, and Carrier objects to its injection at Board level.
Carrier's objection must be sustained on the authority of a multitude of awards holding that only issues that were raised during handling on the property may properly b,^. considered by the Board.
Both parties rely on Award 015. That award examined at length the rights of telegraphers and clerks with respect to clerical work in connection with telegraphic work, concluding as follows:
The record of handling the present case on the property does not show that petitioner attempted to establish by any admissible evidence that any telegraphic duties- were actually transferred to or performed by clerks. The claim, th^refore, must be deni·:d.
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 respeetively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;