Award No. 19119 Docket No. TE-14864
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 (Pacific Lines), that:
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.
Bisbee Junction is a station on this Carrier's lines. There is one position at this station under the Telegraphers' Agreement. It is a positon of agenttelegrapher, assigned hours 8:00 A. M. to 5:00 P. M. (one hour meal period), work week beginning on Monday, with assigned rest days of Saturday and Sunday.
On February 5, 1963, Roundhouse Foreman R. B. Owen received the following message from Douglas, Arizona, by use of telephone:
Claim filed and handled in the usual manner up to and including the highest designated officer of the Carrier has been declined. Correspondence
the claim stating no provisions of the Telegraphers' Agreement allocates the work in dispute to a telegrapher; on the contrary, such work was solely that of Mechanical Department employes who performed the same.
OPINION OF BOARD: Claimant was assigned as Agent-Telegrapher, assigned hours 5:00 A. M. to 5:00 P. M., rest days Saturday and Sunday, at Bisbee Junction, Arizona. Claimant performed servrice on assignment, Tuesday, February 5, 1963, and was allowed eight hours at the applicable straight time rate of pay for that date.
On February 5, 196 3 the roundhouse foreman at Douglas Arizona advised the roundhouse foreman at Bisbee Junction, Arizoha by telephone that repairs were needed on a bad order car, to wit:
Petitioner contends that this was a communication of record and/or a telephone "message", and as such, is work reserved to employes under the Telegraphers' Agreement and should have been performed by the Claimant. Rules 1, (Scope), 2(c) and 17 are cited.
Carrier contends that the telephone conversation did not involve or contravene any provision of the Telegraphers' Agreement.
Award 14 of Special Board of Adjustment 553 recognizes three tests to be applied in communication. cases- between these two parties. It states:
Petitioner has not submitted competent evidence that the conversation in this case falls within any one of the three categories applied in communication cases, therefore, the claim must be denied. See Awards 12615 and 12618 on the same property.
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