NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20566
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7453) that:
1. Carrier violated the Agreement between the parties when
it transferred the work of relaying teletype message traffic from "WI"
Office, Battle Creek, Michigan to machines or similar devices located
in Toronto, Canada.
2. Carrier shall compensate the following Claimants for all
wage loss and expenses incurred who were formerly assigned to positions
in "WI" Office, as a result:
William Beckley, Chief Operator
E. D. Carpenter, First-Shift Operator
K. M. Lewis, Second-Shift Operator
J. M. Fraley, Relief Operator
3. Carrier shall further compensate the senior idle telegrapher,
extra in preference, eight
(8)
hours' pay for each date the alleged violation continues, commencing February 15, 1972.
4. Carrier shall arrange a joint check of its records to
determine amounts due Claimants hereunder.
OPINION OF BOARD: Prior to March of
1968
the Carrier maintained a message
relay office at battle Creek, Michigan known as the
"WI" Office. The work performed at said office involved the relaying of
teletype messages between local stations east and west of Battle Creek
on local circuits and the Carrier's four other message relay offices.
In March of
1968
the wire circuits between the five relay
offices were connected to the wire circuits of the Canadian National
Tele-Communications Company. Basically this is a computerized electronic
switcher designed to relay messages. The effect of this change was to
cause the claimants to lose their positions.
page 2
Awes
fiber 207205
wcket liumbes CT'
work previously
ertain of theem..10yes of th
hat c ed by at this was a
'The Or is tawny being iarahateit xe~it d~ational
perform at
tcoof
the
We
h~g
ier
.tee
men
underthe Washington
Rele
~e Wider Ittations had by
ordination of the opera
Railway whi
ch could only be accomplis
protection Agre~ent.
a technological nt.
change was t;ese Mediation Agreeme
job
Carrier contends that the 1965
change permitted b
The Y Article III
of the February..7r
here invo
lved does
At the outset let us state that the
changMediation Agreement.
under Aran
Is
ticle III of the FebTU the transfer of work
arY
7 s
1965
fall
an
terms the ehang_ ° n Case involved tcarrier
not come thin its tughou system · c
oUPSWJ
outside
o=
emml°Vea
w
g to a
Co
I atious ere involved
transfer °f the change h tion
system.
find no basis for holding m
theT, we in the Washington ~'otec
,ur, as described
anon" -Communications CO ~1 °f the legal
and o~eratio to supP°rt it
to be a
It
coordin a an
eement. The Canadian oele y
with identi have failed d the
corporation ,he em~lo~ed Raceway ar
ante
it j
Teqaisites
0
National Railw~' Co,,I)szrj t respect the
the Canada that the Comm-Ul
assertion' W to the ContrarY·
allegation mains a mere t a sbowing wbether there
same It r absen
the corporate Person f
e case must be 32 Of
resc
ement,ue o
bas been a violation of
Rae 32 )ro%,Ides In Part:
_ pE
SERVICE
"RT.E 32
used f°x
'jCT.E I. ox simila
o
devices , either
" chines as installe at
~a~ Printing
to
= receiving communications
ftex referred to as mach~AIs and V^ade a part
transmitting an Exhibit as may be
ox both, here on the attached similar machina by emPl°Yes
and such other be
OP
except as
locations sh°`m shah relletraphers'
of
t
i ag
in
Te egraph Offic ~ a ins led b The order ° of this Article.
xepxesented 9 h
IC,
provided in paxagxap
Award Number 20733 Page 3
Docket Number CL-20566
"(b) Should the Company desire to make any installation or
change not provided for in paragraph 'A' of this Article,
thirty (30) days' written advance notice containing details
of proposed change shall be given the General Chairman and
the matter shall thereafter be handled in accordance with
the provisions of the Railway Labor Act as amended."
The Organization alleges that the Switcher-Computer falls
within the definition "Printing telegraph machines or similar devices
used for transmitting and receiving messages of record". This assertion
is based on the fact that it does more than just the relay work previously performed at the "WI" Off
tape for possible later transmissions. In fact delayed transmissions
are made from the magnetic tape. This is analogized to the maintenance
of messages on perforated tape previously done at the "WI" Office. In
this regard the Organization contends that the Switcher-Computer is a
substitute for the teletype devices including the tape perforators,
tape reperforators, transmitter distributers and printer receivers.
The employee allege that this substitution could only have been properly
accomplished pursuant to an Agreement as called for in Rule 32(b).
We are persuaded that the Switcher-Computer performs functions
sufficiently similar to the teletype devices located at the "WI" office
so as to be considered "similar devices" under Rule 32. The change
here involved was of a character that required handling in accordance
with Rule 32(b). The Carrier failed to do so and such failure constituted a violation of the Agreeme
FINDINGS: The Third Division of the Adjustment Hoard, 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, 1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
Award Number 20733 Page
4
Docket Number CL-20566
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
-am
P"44W
....4
Executive Secretary
Dated at Chicago, Illinois, this 30th day of May 1975.