NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-16393
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
((Formerly Transportation-Communication Employees Union)
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
(Louisiana & Arkansas Railway Company
STATEMENT OF CLAIM
: Claim of the General Committee of the Transportation
Communication Employees Union on the Louisiana and
Arkansas Railway and The Kansas City Southern Railway, that:
CLAIM N0. 1
1. Carrier. violated the Agreement between the parties when it required or permitted persons not cov
communications-of record at Deramus Yard, Shreveport, Louisiana, and at Lake
Charles, Louisiana.
2. Carrier shall compensate, beginning September 20, 1964 and for
each day thereafter, the senior idle telegrapher (extra in preference) one
day's pay at the rate of the telegrapher positions where they are employed,
for each shift during which the improper assignment of communication work
was performed.
3. Carrier shall permit joint check of records to determine names
of the proper claimants.
CLAIM N0. 1
1. Carrier violated the Agreement between the parties when it required or permitted persons not cove
communications of record at Kansas City, Missouri, Pittsburg, Kansas, Heavener,
Oklahoma, DeQueen, Arkansas, Texarkana, T,,,,-as, Beaumont, Texas and Port
Arthur, Texas.
2. Carrier shall compensate, beginning may 6, 1965 and for each
day thereafter, the senior idle telegrapher (extra in preference) one day's
pay at the rate of the telegrapher positions where they are employed, for
each shift during which the improper assignment of communication work was
performed.
3. Carrier shall permit joint check of records to determine names
of the proper claimants.
Award Number 19286 Page 2
Docket Number TE-16393
OPINION OF BOARD
: The contention of the Employes in this case is that Carrier
violated the terms of 'the applicable agreement by its
failure to assign the operation of IBM 1050 machines to those covered by the
Telegraphers' Agreement. In support of their'position, the Transportation
Communication Employees Union (formerly the O.R.T.) points to the Scope Rule
in its agreement which has a listing of "operators of teletype or other
machines commonly recognized as mechanical telegraph machines which utilize
Company wires."
To prevail in this dispute, the telegrapher must show, among other
things, that the machines involved in this case utilize "Company wires,"
according to the provisions of the Scope Rule.
The Board finds that the IBM machines in this case involved the
use of wires that are the property of a public utility company and are neither
owned nor maintained by the Carrier. We do not think the ordinary meaning of
the words "Company wires" would encompass wires that were not owned and maintained by Carrier but on
that the Telegraphers do not have an exclusive right to the operation of the
IBM 1050 machines.
The Clerks, also filed a submission in this dispute alleging that
the operation of the aforesaid IBM machines is work belonging to the Clerks.
The Clerks Scope Rule is very general' in nature and does not define
the work covered. We
therefore must look to the work ordinarily performed by
employees under the Scope of the Clerks' Agreement. In so doing we find that
some of the work done on 1050 machines is generally done by Clerks while
Telegraphers also operate the 1050 machines.
Carrier takes the position that "while the work involved in this
case is engaged in by Clerks represented by the BRAC it is not exclusively
assigned to them." In this assertion we concur.
For the reasons already stated, we hold that operation of the IBM
1050 machines is not exclusively assigned to one craft. The claim is therefore denied.
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 Emploves involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
Award Number 19286 Page 3
Docket Number TE-16393
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of June 1972,