NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22201
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8437) that:
1. The Western Pacific Railroad Company violated Rule 31 of
the Clerk-Telegraphers Rules when commencing June 1, 1976, they left
Train Orders unattended on a daily basis between the hours of 2:00 P.M.
and 7:00 P.M. in Oakland, California.
2. The Carrier shall now compensate Mr. L. J. Iund one hour
compensation daily beginning June 1, 1976, and to continue on a daily
basis until violation ceases.
OPINION OF BOARD: Claimant seeks one hour's compensation each day
because train orders were allegedly being left
unattended. He bases the claim upon an Agreement which states that
the telegrapher on duty at the nearest station will be allowed one (1)
hour of compensation when a member of a train crew is required to. copy
a train order in other than an emergency situation, or whenever a
telegrapher is required to leave clearances or train orders unattended
on the train register.
On the property, Carrier pointed out that there is twenty-four
hour coverage by clerical forces at the location and that train orders
are not left unattended. Further, Carrier urges that there are clerks
on duty at the time the train orders and clearances are to be delivered.
Between 2:00 p.m. and 7:00 p.m. (the crucial time) it is the Assistant
Chief Clerk's responsibility to assure that train orders previously
copied by the telegrapher are delivered. Thus, there is no reason to
call a telegrapher to make delivery.
The Carrier argues that we are confronted, of course, with
a single scope rule in this case and with employes covered by the same
Agreement performing the function. In any event, we do not feel that
Award Number 22154
Docket Number CL-22201
Page 2
the Claimant has presented a factual showing, on the property, which
justifies a conclusion that train orders are being left unattended to
the point that compensation is thereby warranted.
We will derW the claim.'
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;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement wan not violated.
A W A R D
Claim denied.
ATTEST:
a"ZA'
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of Jul,7 1978.