NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-2187
Herbert L. Marx, Jr., Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Maine Central Railroad Company (Portland Terminal Company)
STATEMENT Cg' CLAIM: Claim of the System Committee of the Brotherhood
(GL-9487) that:
1. Carrier violated the Agreement between the parties on
February 8, 1979, when Carrier assigned the relaying of information contained in Form X-7, Train RY-
within the Scope Rule of the Telegraphers' Agreement.
2. Carrier shall compensate W. D. Graham, 1st Trick Operator,
0
PN Office, Rigby, Maine, two (2) hours positive rate of pay, February
8,
1979. Carrier violated Article 1 and 7 of the Telegraphers' Agreement.
OPINION OF BOARD: There is no dispute relative to the factual situation
in this case. Claimant was the regularly assigned Oper
ator on the first shift. After he had completed his tour of duty and had
gone home, a clerical employe is the performance of his normal duties pre
pared an X-7 form (a consist report of a departing train) and transmitted
the information by telephone to the Trail Dispatcher.
The Organization alleges that the Claimant Operator should have
been called is to transmit the train consist information to the Train Dispatcher. Carrier, on the ot
transmit such train consist information is both common practice and not
violative of the Telegrapher's Scope Rule. This contention is not seriously
challenged is the record before the Board.
From a review of the record is this case, the Board is unable to
find. any proof of a violation of any rule of the Telegrapher's Agreement.
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;
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Award Number 2155 Page 2
Docket Pdunber CL-24187
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Acts 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 ADJUSTMENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
BY
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of FebrMT7
1983·
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