aATICKAL RAILROAD ADUSTMENT BOARD
THIRD DIVISION Docket Number CL-20964
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CIA324: Claim of the System Committee of the Brotherhood,
GL-7686, that:
1. Carrier violated the Rules of the Telegraphers' (TCU)
Agreement when, beginning April 1, 1971, it arbitrarily roved the work
of preparing Interchange Reports for cars delivered to the Dequeen and
Eastern Railroad Company at Perkins, Arkansas, from the scope and
operation of the Telegraphers' (TCU) Agreement and transferred the
preparing of such reports to employee of the DeQueen and Eastern Railroad
Company, who are not covered by the Agreement (Carrier's File 380-2923).
2. Carrier shall now be required to compensate the senior idle
Telegrapher, extra in preference, and if there be none, compensate the
incumbent of Mobile Agency Route No. 9, eight hours' pay, six days per
week, beginning April 1, 1971 and continuing until the violation is
corrected.
OPINION OF HOARD: The evidence shows the respondent Carrier and the
other carrier cited in the claim were having their
respective employee prepare duplicate interchange reports at Perkina,
Arkansas. Respondent simply elected to eliminate this duplication by
suspending the preparation by its own employee and relying on the
corresponding reports prepared by employes of the other carrier. We see
nothing improper about what was done here. No Agreement violation
haying. been sham, the claim is without merit.
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, 1934;
Award Number 21572 Page 2
Docket Number CL-20964
That this Division
or
the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD AD=TKM HOARD
By Order of Third Division
ATTEST:
i~i
Executive Secretary
Dated at Chicago, Illinois, this 17th day
or
June 1977.