NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-14948
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
((Formerly The Order of Railroad Telegraphers
PARTIES TO DISPUTE:
(Southern Pacific Company (Pacific Lines)
STATEMENT
OF
CLAIM: Claim of the General Committee of The Order of Railroad
Telegraphers on the Southern Pacific Company (Pacific
Lines), that:
1. Carrier violates the Agreement between the parties when beginning
June 1, 1962 and continuing thereafter it requires or permits employees not
covered by said Agreement to handle messages from the baggage room at Phoenix,
Arizona to the clerk in the Chief Dispatcher's Office at Tucson, Arizona,
and from the clerk in the Chief Dispatcher's Office at Tucson to the clerk
in the Phoenix baggage room.
2. Carrier shall compensate the following named employees, or
their successors, as follows:
a. N. E. Marquis, regularly assigned relief telegrapher clerk
wire chief PMO, for one special call on June 1 and 7, 1962.
b. Grace Townley, regularly assigned relief PMO telegrapher
clerk, for one special call on June 1 and 7, 1962.
c. F, T.
Davis, regularly assigned second wire chief PMO
telegrapher mechanician, for one special call on June 2, 5 and 6, 1962.
d. E. L. Little, regularly assigned PMO 4)15 UN Telegraph
Office, Tucson, for one special call on June 2, 1962.
e. W. M. Gorman, regularly assigned manager wire chief FMO
telegrapher clerk "UD" Phoenix, for one special call on June 3 and 4, 1962.
f. L. J. Boyed, regularly assigned #10 PMO telegrapher clerk
UN, for one special call on June 3 and 4, 1962.
g. H. J. Edmonds, regularly assigned second wire chief FMO
telegrapher clerk UN, one special call on June 5, 1962.
h. G, V. Fimbres, regularly assigned relief wire chief PMO
telegrapher clerk, for one special call on June 6, 1962.
Award Number
19424
Page 2
Docket Number TE-14948
OPINION OF BOARD: On June 1, 1962, the clerk in the Baggage Room at Phoenix
telephoned the clerk in the Chief Dispatcher's office at
Tucson and discussed the car situation at Phoenix, including such matters as
whether cars on hand were in bad order or suitable condition for loading and
so forth. Similar information was exchanged on several subsequent occasions
also involved in this claim.
The Organization argues that telephone conversations of the type we
are concerned with here should be assigned to the operators at Phoenix and
Tucson.
After reviewing the record in this case, the Board is of the Opinion
that the Claimants failed to prove that the work in dispute is work reserved
exclusively to telegraphers and we are therefore compelled to deny the claim.
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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST.:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September
1972.
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