NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-17522
Arthur W. Devine, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
( (Formerly Transportation-Communication Employees Union)
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
munication Employees Union on the Denver and Rio Grande
Western Railroad, that:
1. Carrier violated, and continues to violate the current Agreement,
and the February 7, 1965 Agreement, when effective with close of shift Friday,
November 11, 1966, it unilaterally declared the position of second trick telegrapher Clearfield, Uta
to be performed, removed the incumbent Mr. E. A. Baca therefrom and required
him to exercise his seniority over junior employees, and thereafter, effective
Monday, November 14, 1966, created a new position at Clearfield, Utah, under
another agreement, for the specific purpose of performing the duties of the
telegrapher position, declared abolished.
2. Carrier shall now restore Telegrapher E. A. Baca to his position
of second trick telegrapher, Clearfield, Utah, and in addition shall compensate
the senior idle telegrapher (extra in preference) one day's pay of eight (8)
hours at the rate of the position declared abolished, commencing November 14,
1966, and continuing each work day thereafter, until the work of the allegedly
abolished second trick telegrapher position, Clearfield, Utah, is returned to
Mr. Baca and/or the Agreement.
3. Carrier shall also compensate Telegrapher E. A. Baca, and any
other employees adversely affected, for any loss of wages or expenses incurred,
because of the violation stated in (1) above.
4. The Claimants in (2) and (3) above shall be determined by a
joint check of the Carrier's records.
Award Number 19358 Page 2
Docket Number TE-17522
OPINION OF BOARD: The claim herein arose in connection with the abolishment
of second trick telegrapher position at Clearfield, Utah,
and the establishment of a position under the Clerks' Agreement.
The Carrier states that the installation of a Centralized Traffic
Control system between Salt Lake City and Ogden, Utah, was completed October
27, 1966, which installation eliminated the need for train orders between
those points so that there was no further need for a second trick telegrapher
to handle train orders or messages of record governing train operations at
Clearfield, Utah, and effective November 11, 1966, the second trick telegrapher
position was abolished since there was no longer any telegraphic work to be
performed. Effective November 14, 1966, a position under the Clerks' Agreement was created to handle
by the second trick telegrapher. The Petitioner alleges that the second trick
telegrapher position was abolished without abolishing the work thereof, resulting in a violation of
There have been numerous disputes before this Board in connection
with the abolishment of telegrapher positions and the assigning of clerical
work to clerks. The Carrier contends that that was what was done in this case.
Based upon our review of the entire record we find that in the handlii.o
of the dispute on the property the Organization did not prove with probative
evidence that work reserved to telegraphers was assigned to the clerical position
that was established November 14, 1966. Assertions were made by the Organization, but probative evid
settled that mere assertions do not constitute proof. Train orders are no longer
handled at Clearfield and there is no positive showing that the clerk handles
communications governing or controlling the movement of trains. There is no
violation of the agreement in the abolishment of a telegrapher position and
assigning. strictly clerical work to clerks. See Awards 9344, 11120, 12757, 13442
and 19101, among others.
We find that the Organization has failed to prove a violation of the
applicable telegraphers' agreement and the claim will, therefore, be denied.
While the Petitioner cites the February 7, 1965 Job Stabilization Agreement,
if a dispute exists involving the interpretation or application of that Agreement
the forum to resolve it is the Disputes Committee established under the agreement.
In view of our decision on the merits of the dispute, it is not necessary to pass
upon the procedural issues raised by the Carrier.
Award Number 19358 Page 3
Docket Number TE-17522
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 Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 193+;
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
Claim denied.
NA7I0'.,7.kL RAILROAD ADJUSTI`IENT BOARD
By Order of Third Division
ATTEST:~ _
Executive Secretary
Dated at Chicago, Illinois, this 28th day
of July
1972.