NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21599
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATEMENT OF CLALH: Claim of the System Committee of the Brotherhood
(GL-8148) that:
(a) Carrier violated Rule 1, Scope and Rule 2, Handling
Train Orders of the November 1,
1974
Clerks' Agreement, at Marshall,
Missouri, when on May
7, 1975,
regularly assigned train order operator's
duties were performed by employes not subject to any of the rules of
the BRAC Agreement, and
(b) Operator R. K. Farrell shall now be compensated for
a call, in the amount of $22.48, for this permitted or required
violation of :he November 1,
1974
Clerks' Agreement.
OPINION OF BOARD: The Organization asserts that pertinent agreement
rules permit only employes covered by its agreement
to receive, copy and deliver train orders.
On May
7, 1975,
Train Order No.
57
was given by the
Dispatcher to Claimant (Operator-Clerk) who copied the order and
delivered it - by telephone - to the Conductor at a location where
employes subject to the Clerks' Agreement were not employed.
Except in emergency situations (where Dispatchers - or
others not normally entitled to do so - handle train orders), a
Telegrapher is the employe who is entitled to perform the work of
receiving, copying and delivering train orders; and, under the record
of this dispute; we conclude that this Claimant did, in fact, handle
the train order - not the Conductor. Accordingly, we find no basis
to determine that the Agreement was violated.
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;
Award Number 21634 Page 2
Docket Number CL-21599
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 ADUSTMENT BOARD
By Order of Third Division
A7
TTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of July 1977.
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