(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station .mployes ( (formerly The Order of Railroad Telcgraphers) PARTIES TO DISPUTE: (Southern Pacific Company, Pacific Lines

1. Carrier violated the Agreement between the parties when on September 28. October 4, 5, 6, 7 a when work belonging to employees covered by the Telegraphers' Agreement was removed from the Scope R another class or craft, not covered by the Agreement, at Delano, California, to handle communications of record in the form of bad order car rcports.

 2. (a) Claim in behalf of J. Parrish, regularly assigned Telegrapher, Delano, California, or his successor, whose assigned hours are from 7:00 A.M. to 4:00 P.M., daily, except Sunday and Monday, rest days. for a special two (2) hour call at the overtime rate for each date September 28, October 4, 5, 6, 7 and 10, 1962.

 (b) Claim in behalf of W. G. Tranmer, a regularly assigned 2nd
 Wire Chief-Telegrapher-Clerk, Fresno Yard, Fresno, California, or his successor,
 whose assigned hours are from 3:00 P.M. to 11:00 P.M. daily, except Monday and
 Tuesday, for a special two (2) hour call at the overtime rate for each date Sep
 tember 28, October 4, 5, 6, 7, 1962. ,'.'

 (c) Claim in behalf of Gus Adams, regularly assigned Relief Wire Chief-Telegrapher-Clerk, Fresno Yard,. Fresno, California, or his successor, whose assigned hours on October 10, 1962 were from 3:00 P.M. to 11:00 P.M., for a special two (2) hour call at the overtime rate for October 10, 1962.

 OPINION OF BOARD: Shortly after midnight on each date, September 28, October
 . 4, 5, 6, 7 and 10, 1962, a single clerk employed at Delano, California could not apply seals to certain refrigerator cars loaded with grapes for outbound perishable movement because some of the car doors could not be closed and locked. To obviate delay and to make sure that such cars would be properly sealed, the clerk at Delano telephoned a clerk at Fresno Yard Office and advised him of car numbers of those cars having doors which needed sealing.

 Claimants contend that messages of the nature outlined above should be handled by employees under the Telegraphers' Agreement and that Carrier erred in allowing others not holding seniority under this Agreement to perform the work.


It is clear to the Board that the messages in question were directly concerned with the protection of perishable commodities and the necessity to have car repairmen at Fresno alerted to make necessary repairs to refrigerator cars.

 Award No. 12 of Special Board of Adjustment No. 533, these parties, states that work belongs to these Telegraphers if it falls within one of the following categories:

        "(1) relates to the control or movement of trains or safety of passengers or products, (2) is a communication of record as that term has been used in the decisions or (3) by tradition, custom and practice on the property has been performed by telegraphers to the. exclusion of other em


In this case we are dealing with telephone conversations about refrigerator car doors that neede after their arrival in Fresno Yard. The messages in question had a direct bearing on the safety of the perishable commodities being handled in the cars and the message work belonged above which reads:

        "(1) relates to the control or movement of trains or safety of passengers or products".


In view of the foregoing, we find that the disputed communication work should have been handled by employees under the Telegraphers' Agreement and the claims are therefore sustained.

 FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due notice of hearfng 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 violated.


                      A W A R D


        Claims sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: ~ `/~ Executive Secretary


Dated at Chicago, Illinois, this 27th day of July 1973,
    CAPIRIC" ,`!t,SiiM,S' Di5FNT TO AK.-AND 193.67, DOC-ET T.c-1.175-'r

    (Referee !lave;)


For the reasons fully stated in the memorandum which the Carrier Members submitted to the Referee during the panel discussion of this case, the claim is clearly invalid and should have been denied. We dissent.
          LABOR, MEMBER' S ANZYER

                  To

      CARRIER I'E."LERS' DISSENT TO AWARD 1J?O( (uCCKFT TE-14754)


Disputes submitted to this Board are adjudicated upon
 consideration of the facts and evidence in the official re
 cord a.; detailed and en,laired by the parties to the dispute,
 not -n Carrie- !·'=-zber Ferro^aand=..
 Carrier :-?ember 1;e,-.oranda, regardless of length or ::orh'_stry, a:° not a suLstitute for, nor 3o they change, either the record or the facts.
 The Diczent has no bearing on the validity of the Award.

                          JJ'`~,-,~-.~.~e·,cne-~ ~..a.avc I:ec:ber .


                              -73