SPECIAL BOARD OF ADJUSTMENT N0.
1$6
Organizations File Carriers File
R-988 TE-3-57
STATaENT OF CLAIM:
111.
Carrier violated and continues to violate the
agreement between the parties when at Burnham, North Yard
Denver, Pueblo, and Grand Junction, Colorado; and Roper
and the uptown ticket office at Salt Lake City, Utah, it
requires and permits employes other than those covered by
the Telegraphers Agreement to operate teletypes or other
mechanical telegraph machines while such machines are connected to reperforators or repeaters and/or through circuits,
thereby transmitting communications of record from one city
to another.
°2. Carrier shall compensate the senior idle extra
employes holding seniority in the seniority district where
the violation occurs in an amount equivalent to one day's
pay of eight hours for each eight hour shifts or periods, on
each day at each location commencing sixty days prior to
the date of filing the original claim (January 23, 1957)
and continuing on a day to day basis until the violation
is corrected; in the event no extra employes were or are
idle to have performed or to perform the work, Carrier
shall then compensate the senior employe idle on rest
day or any employe who could have been used on an overtime basis or called in accordance with the telegraphers
Agreement's rules, such employes to be determined by
joint check of the Carriers' records.'
FINDINGS: At the yard offices here involved, employes under the clerical
agreement have prepared wheel reports and train consists by use of teletype
machine connected by wire circuit to the local relay telegraph office at
each of the terminals involved, where the message is transcribed in writing.
At the receiving telegraph office these machines have been connected to
reperforators so that in addition to the printed copy of the consist or
wheel report there was also a tape reproduction. By use of this tape the
telegrapher was able to transmit this information to other terminals without
the necessity of retyping it from the printed copy.
Award No. 16 (Continued)
The Scope Rule in the Telegrapherst Agreement included printer
operators but excepted the work on teletype machines here performed by the
clerical forces "provided such machines are not connected to reperforators
'·5Y·."
The use of the reperforators to eliminate the necessity of having the telegrapher
recopy consists and wheel reports has long existed and Carrier contends that
it has been sanctioned by the Organization for such use but we think the correspondence relied on does not sustain that contention and the connection of the
teletype to the reperforator is in violation of the rule.
Claim here is made to compensate senior idle extra employes but
none of them is shorn to have lost any work. The work of transmitting these
reports was work of the telegrapher on duty. By the use of the tape, he
performed his task of transmitting these reports to other offices without
the necessity of recopying thereby saving himself some work but not necessarily depriving any other employe of work unless the added time required in
recopying might have necessitated the employment of an additional telegrapher
and there is no showing that such would have been the result.
However useless and unnecessary the manual recopying may be when it
could be avoided by connecting to the reperforator, it seems to be required
by the plain reading of the rule and the connection with the reperforator
was in violation of the agreement, but since there is no showing of any loss
to any idle extra employe as here claimed but simply a saving of work to the
assigned telegrapher, in the absence of further showing as to extra time
involved in copying and other work, the monetary claim cannot be sustained.
-2-
Award No. 16 (Continued)
A?:ARD: Claim 1 sustained; claim 2 denied.
Mortimer Storie
Chairman, Neutral Member
L, G. Heinlein
Carrier Member
. Woodman
Ox' anization Member
Dated at Denver, Colorado, August
3p, 1957.