NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-17766
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
( (Formerly Transportation-Communication Employees Union)
PARTIES TO DISPUTE:
(Southern Pacific Company (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
munication Employees Union on the Southern Pacific Company
(Pacific Lines), that:
CLAIM N0. 1
1. Carrier violated the terms and intent of the current TCU Agreement, Rules 1, 2, 14, 16, 17 an
communication of record affecting the movement of a train.
2. Claim in behalf of R. R. Weicker, regular assigned 3rd Wire-ChiefTelegrapher-Clerk, Stockton,
call at the overtime rate of his regular position for November 3, 1965.
CLAIM N0. 2
1. Carrier violated the Telegraphers' Agreement, Rules 1, 2, 16 and
17, January 30, 1965, when it caused, required and permitted Roundhouse Foreman
Hill, an employee not covered by the Telegraphers' Agreement, to perform work
of copying communication of record by telephone at Klamath Fallas, Oregon.
2. Carrier shall now compensate R. A. Duell, Wire Chief, Telegrapher-
Clerk, P.M.O. Klamath Falls, Oregon, for one call, two hours, at time and one
half pro rata rate (pro rata rate $3.0878 per hour) for the violation above set
forth. Total amount $9.2634.
CLAIM N0. 3
1. Carrier violated the intent and purpose of the current Telegraphers'
Agreement, Rules 1, 2, 16 and 17, on January 30, 1965, at 4:20 a.m. at Eugene.
Yard, Oregon and Klamath Falls Yard, Klamath Falls, Oregon, when work belonging exclusively to emplo
therefrom and required or permitted Clerk in Master Mechanic's office at Eugene
Yard to telephone a communication of record to Roundhouse Foreman at Klamath
Falls Yard, Oregon.
Award Number 19348 Page 2
Docket Number TE-17766
2. Claim on behalf of H. S. Fults, Tel-Clk-PMO, Eugene Yard who is
assigned to work Tuesday through Saturday from 8:00 a.m. to 4:00 p.m. with
Sunday-Monday rest days, for one special call of two (2) hours at the overtime
rate for the violation at Eugene Yard.
OPINION OF BOARD: On the basis of numerous awards deciding similar issues in
disputes between these parties we are not convinced that
the telephone conversations here involved fall within any category held by such
awards to constitute work reserved to the telegraphers. Therefore, the claims
must be denied.
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 not violated.
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of July 1972.