NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

 Robert M. O'Brien, Referee

 PARTIES TO DISPUTE
Award Number 19500
 Docket Number TE-17511

 (Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 ( (Formerly Transportation-Communication Employees Unite)
 (
 (Southern Pacific Company (Pacific Linen)

Lines), that:

 required to:

 1. The Carrier violated and continues to violate the terms and intent of the current Telegraphers' Agreement, commencing 12:01 a. m., March 5, 1904, and continuing each eight (8) hour shift three shifts each date thereafter until violation has cease subject to said Agree.:ent to handle communications of record by telephone direct to the S.P^. Chief Dispatcher's office at Roseville, California.

 2. As a consequence of said violations, the Carrier now shall be

 (a) G>>=e the violations and restore the work to the employees entitled to perform 3t in accordance with our Agreement.

 (b) Commencing 12:01 a.m., March 5, 1964, compensate the senior
 available extra telegrapher (or if none, then the senior regular
 assigned telegrapher at Ogden available due to being off duty or
 observing a rest day), one special call at applicable overtime
 r -ate for each instance of violation, or a day's pay at applicable
 rate covering all violations during each shift, for each shift of
 e..ch date until violations have ceased; first shift 8:01 e..m. to
 4::h0 p.m., second shift 4:01 p.m. to 12 midnight, third shift
 12:01 P.m. to fi:00 a.m.

 Penalties to be paid, as due in accordance with above, to the folloring regular assigned employees:<
A. F. Hews, Manager-Wire Chief, assigned to work 8:01 a.m. to 4:00 p.m. daily except Saturday & Sunday; or his successor.

 D. D Terry, Second Wire Chief, assigned to work 4:01 p.m. to 12 midnight daily except Monday & Tuesday or his successor.






          L. P. Chamberlin, Position 81, 1st Telegrapher-PMO-, Ogden, assigned to work 8:01 a. m. - 4 p.m. daily except Friday & Saturday, or his successor.


          J, N. Dockter, PMO-Clerk, Ogden, assigned to work 6 a.m. to 2 p.m. daily except Saturdays and Sundays.


          C. E. Swanson, 2nd Telegrapher-PMO, Ogden, assigned to work 4:01 p.m. to 12 midnight daily except Sunday & Monday, or his successor.


          M. K. Segar, Relief :Dire Chief-Telegrapher-PMO, Ogden, assigned to work Thursday & Friday 3 fil 1st Telegrapher-PMO, Ogden, 8:01 a. m. to 4 p.m. Sunday & Monday, 2nd Telegrapher-PMO-Clerk, Ogden, 4:U1 p.m. to 12 midnight; Tuesday &a days; or his successor.


                (c) Penalties to be paid in accordance with (b) above shall include the following:


                F,.r second shift March 7, 1964, to D. W. Ward, identified above, two (2) special calls each call two (2) hours at overtime rate of Manager-Wire Chief, Ogden, account violations specified in Example No. 1 in our Statement of Facts hereafter.


                For third shift March 7, 1964, to M. K. Segar, identified above, one (1) special call of two (2) hours overtime rate of Pos. 81 lst Telegrapher-PMD, Ogden, account violation specified in Example No. 2 in our Statement of Facts hereafter.


                For second shift March 12, 1964, to L, P. Chamberlin, identified above, for the violation specified in Example Nn. 3, and to W. R. Godwin, identified above for the second violation specified in the same Example, one special call of two (2) hours at overtime rate of his position each employe.


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          Award lumber 19500 Page 3

          Docket Number TE-17511


For third shift March 13, 1964, to C. E. Swanson, tad Telegrapher-PMO, Ogden, one special call at overtime ate his position for the two violations specified in Example No. 4-(a); and to J. E. Dockter, identified above, one (1) special call. at overtime rate his position for the violation specified in Example 4-(b).

 For second shift March 22, 1964, a log's pay at overtime rate his position to C. E. Srensam, Identified above, for the violations specified in Example No. 5.

 For second shift March 23, 1964, to D. D. Terry, identified above, two (2) special calls of two (2) hours each rat overtime rate his position for the violations specified is Examples 6-(a) and 6-(b).

 For the first shift, Friday, March 27, 1964, to C. E. nuanson, identified above, one special call of two (2) hours at the overtime rate of his position of tad Telegrapher-RIO, Olden, accotnt violations specified in Example No. 7.

 For the second shift, Wednesday, April 1, 1964, to D. W. Ward, i'entified above, one special call of two (2) hours at the ovartiroe rate of his position of Relief Manager-Wire Chief, Ogden, account violations specified is Example No. 8.

 For the second shift, Saturday, April 4, 1964, to L. P.
 Cha_.~nherlin, identified above, two special calls of two (2)
 horrs at the overtime rate of his position of lst Telegnphern
 1r:0, Or den, account violations specified in Examples 9(a)
 sad 9(b).

 For the second shift, Monday, April 6, 1964, to L. P. Chamberlin, identified above, one special call of two (2) hours at the overtime rate of his position of 1st TelegrapherFMO, Ogden, account violation specified
For the first shift, Tuesday, April 7, 1964, to M. X.
 Segar, identified above, one special call of two (2)
 hours at the w ertime rate of his position of Relief Wire
 ;,himf Telegrapher, Ogden, account violation specified is
 Eramoles No. 11 A-H-C and D.

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          Award Rasher 19500 page 4

          Docket Number TE-17511


For the second shifts Monday, April 13, 1964, to M. K.
 Segar, identified above, Relief Wire Chief Telegrapher,
 Ogden, who on this date performed relief work off assign-a.m. to

 4:o0 t p.m., one special call of two (2) hours at the overtime
 rate of his position, account violation specified in Example
 No. 12.

 For the first shift, Thursday, April 16, 1964, to D. W. Ward, identified above, Relief Manager-Wire-Chief, Ogden, and special call of two (2) hours at the overtime rate of his position, account violations specified is Examples No. 13 end 14.

 For the second shift, Thursday, April 16, 1964, to D. W. Ward, identified above, Relief tanager-Wire Chief, Ogden, one special call of two (2) hours at the overtime rate of his position, account violations specified is Examples No. 15 and 16.

 For the third shift, Sunday, April 19, 1964, to C. E. Swenson, identified shave, 2nd Telegrapher-PMO, Ogden, one sre_iel call of two (2) hours at the overtime rate of his position, account violation specified in Example No. 17.

 For the first shift, Sunday, April 19, 1964, to W. R. Godwin, identified above, 3rd Wire Chief, Ogden, one special call of two (2) hours at the overtime rate of his position, account violation specified in Example No. 18.

 (d) The Carrier shall further be required to consent to end cooperate in a check of Carrier's records, jointly with this Organization, to determine the facts in any dispute of fact which may arise in the course of settling this claim, including but nab necessarily limited to determination of each instance of violation on each date of violation, the identity of proper claimant in each instance, applicable rate of pay for each instance, amount due to each claimant, and certification that said amount due has hem paid to each claimant.

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                          Award Number 19500 Page 5

                          Docket Number TE-17511


          OPBtIQN OF HOARD: The claim involves the right of Southern Pacific Company

          Telegraphers to perform the telephone communication work in connection with the transmisaim and/or reception of messages between Ogdm, Utah and the Chief Dis March 4, 1964, Carrier maintained a Chief Dispatcher's Office at Ogden. Either the Car Foreman's Office of the Southern Pacific or of the Ogden Union Railway and Depot.Co. (OiJRBcD) would inform the Ogden office of nay "highvide" loads. Thin informat 4, 1964, the Ogden office vas consolidated with the Chief Dispatcher's office at Rose-

          ville. Concurrent therewith, Car Foremen at Ogden begin telephoning "highbide" load messages direct by claimants at Ogden.


          The Organization contends that the communication work in question belongs to Southern Pacific Telegraphers. They are communications of record and relate to the movement of trains, it avers. They further allege that this cork was reserved to Telegraphers by the Scope Rule and the Scope Rule was violated when employee not covered by the Telegraphers4 Agreement performed it.


          For its part, Carrier contends that the clsia is without support since OLJRdcD employee are not employee of Southern Pacific, since the two are distinct entities; that the work in question is not reserved exclusively to Telegraphers, but is incidental to the duties of the Car Department employee; and further that the messages rare not cammanications of record.


          It is nor unquestioned that to proceedings before this Hoard the burden rests with the Petitioner to prove all essential elements of its rln1,. It is also unquestioned that the Telegraphers' Agreement herein applies only to work of the So-,ithern Pacific, in the absence of a special agreement to the contrary, of which there are cone is the instant claim.


          We do not believe that the Organization has adequately refuted Carrier's contention that the OUR&D is a distinct entity end that the employee thereof are not under Carrier's control. It has alleged that this is so but it hen failed to cone forward with probative evidence. Thus, it remains a mere assertion. Consequently, we find that the rock in question belongs to O(JR&D canloyes, is not work of the Southern Pacific, end thus not within the scope of Telegraphers' Agreement. Claimants have no interest in the work in question and no right to it. Furthermore, they have failed to prove that the work is reserved exclusively to employee covered by the Telegraphers' Agreement, and, in fact, they concede that it is not. Consequently, we rill deny the claim without deciding the procedural issues raised by the Carrier.


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                Award Number 19500 Page

                Docket Number TE-175 U


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 Agreem=nt was not violated.


                      A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: ~~ ~l~ oeanool
        Executive Secretary


Dated at Chicago, Illinois, this 17th day of November 1972.

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