PARTIES) Transportation-Communication Employees Union
TO ) and
DISPUTE:) Midland Valley Railroad Company
QUESTIONS 1. Does the transferring of any work performed by
AT ISSUE: employees covered by the Telegraphers Agreement
to employees not covered by that Agreement con
stitute a violation of Article III, Section 17
2. Did Carrier violate the Agreement when it moved
work performed by an employee covered by the
Telegraphers Agreement fry one point to another
without first following the procedure set forth in
Article III, Sections 1 and 2 or 37
OPINION Effective May 28, 1965 the Carrier abolished the
OF BOARD: telegrapher-clerk position at Wichita, Kansas and the
remaining duties of that position were transferred to
employees of the Missouri Pacific Railroad Company at that point.
Tte questions posed to the Board by the Employees ask whether this
action of the Carrier violated Article III of the February 7, 1965
Mediation Agreement.

Article VII, Section 3 of said Agreement requires us to confine our decisions strictly to the questions specifically submitted to us. It is undisputed that the work here involved was transferred from one carrier to another. Article III of the Agreement permits a carrier to transfer work throughout its system, subject to stated conditions. The Article is not applicable where, as here, an inter-carrier transfer of work occurred.



            The answer to Questions 1 and 2 is "No".


                    REFEREES:


                        i


            ~~ %l'U.


                                  - Continued -

                                    Award No. f

                                    Case No. TCU-15-W


                      - 2 _


                REFEREES: - Con nued -


                      ..


Washington, D. C. - December 19, 1967

WNOW