MOP File vGS-380-1460
ORT File 1139
SPECIAL BOARD OF ADJUSTME=NT N0. 117
ORDER OF RAILROAD TELEGRAPHERS
and
MISSOURI PACIFIC RAILROAD COMPANY
Claim of the General Committee of The Order of Railroad Telegraphers on the
Missouri Pacific Railroad, that:
(a) The Carrier violated the agreement between the parties to this
dispute when it arbitrarily reclassified the position of Star
Agent at Fort Scott, Kansas, to a position of Star AgentTelegrapher, effective Monday, February 15, 1954, end failed to
compensate the employe filling this position on the basis of pay
due the position of Star Agent-Telegrapher.
(b) That the Carrier now be required to restore the classification of
Star Agent and retain such classification until such time as the
position is reclassified in conformity with the rules of the
agreement.
(c) Commencing with February 15, 1954, the Carrier be required to
pay to the Agent, A. C. Buchanan, the diffeTegce between the
amount paid him and the amount due him as $tar Agent-Telegrapher
under the provisions of the rules of the agreement.
OPINION OF BOARD: The instant dispute involves an alleged improper reclassification
of the position of Star Agent to that of Star Agent-Telegrapher
at Fort Scott, Kansas.
It is the position of the Organization that certain rules of the
applicable agreement were violated when the Carrier arbitrarily reclassified the
position of Star Agent at Fort Scott, Kansas, to that of Star Agent-Telegrapher at
that location without negotiation with the Organization as to either the change of
the classification, the job content or the corresponding wage rate, which action was
in contravention of Rules 1, 2, 8, Sections 1(a-2), 1(b) and 2(a), together with
Rules 9, 10 and 21.
The respondent Carrier countered that the change in position of
Star Agent at Fort Scott, Kansas, to that of Star Agent-Telegrapher was not a change
in the classification of said position and that Rule 2(f-2) i's tot involved, but that
what was done merely constituted a change in a job title without any change in the
monthly rate of pay, and that the addition of telegraphic duties to the position of
Star Agent was within the contemplation of Rules
8,
Section 1(b), 10(g), 14(g), and
Rule ?1, with compensation as provided for in Rules 8, Section 1(b), and 10(g .
Award No.
9
Docket No. 10
The Board finds and so holds that the action of the Carrier here in reclassifying the position of Star Agent at Fort Scott, Kansas, to the position of
Star Agent-Telegrapher amounted to a reclassification of the position which remained
subject to the provisions of Rule
8.
Section 1(b): '
The Board is of the further opinion and so finds and holds that the addition of telegraphic duties to the position formerly classified as Star Agent amounted
to a substantial and material change in the duties of the position within the meaning
of Rule 2(f-2) .
The Board is of the further opinion and so finds and holds, that the reclassification was within the prerogative of the Carrier within the meaning of Rule
2(f-2) subject, however, to the mutual duties and obligations of the parties to
negotiate as to the proper monthly rate for such reclassified position as required
by Rule 2(f-2) in conformity with Rule 2(b).
The Board is of the further opinion and so finds and holds that, in light
of the above, there shall be no award of monetary reparations herein.
FINDINGS: That the claim should be disposed of in accordance with the above opinion.
AWARD
Claim disposed of in accordance with the above opinion.
SPECIAL BOARD OF ADJUSTMENT 140. 117
~x~' Y1.
Livingston Smith -- Chairman
i.
C. 0. Griffit ploye Member G. W. John on -Carrier Member
St. Louis, Missouri
May
31, 1956
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