ORO. FILE 8-1 AWARD NO.
15
CARRIER FILE D-2496 CASE N0.
15
NRAB FILE CL-9012
SPECIAL BDARD OF ADJUS3MIT N0. 194
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
TO
DISPUTE St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the terms of the currently effective
Agreement between the parties when on July 1, 1955 PBX Operator position
11:00 p.m. to 7:00 a.m. was abolished and coincident therewith, Relief Position
was abolished and the work of handling all inbound telephone calls to Ft. Scott,
Kansas was assigned to Dispatchers who hold no seniority or other rights under
the Clerks' Agreement,
(2) Hattie F. Brown PBX Operator at Ft. Scott, Kansas; Marian
J. Pellet and Betty L. Craig, Extra Operators, now be paid for all monetary losses
sustained by reason of this violation.
FINDINGS: Special Board of Adjustment No. 194, upon the whole record
and all the evidence, finds and holds:
The Carrier and Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act as amended.
This Special Board of Adjustment has jurisdiction over this
dispute,
There were four commercial city trunk lines into the Ft. Scott
PBX board. There were also Carrier telephone circuits: Train Dispatcher's
Circuits North and South, Message Circuits North and South, and Carrier Circuits
connected with the PBX boards at Springfield and Kansas City.
Shortly prior to the abolishment of the third shift PBX operator
position, the Carrier installed three railroad telephones at Ft. Scott: one each
in the office of the Superintendents the Yardmaster and the Chief Mispatchcr.
These three telephones were equipped with a rotary selector switch which enabled
the user himself to connect with the two Message Circuits and the Carrier Springfield and Kansas City PBX boards, when the PBX board at Ft. Scott was closed;
but these three railroad telephones were not equipped so that the user could be
called from outside.
Thus, when the PBX board at Ft. Scott was closed during the third
shift, anyone desiring to talk with the Superintendent, the Chief Dispatcher or the
Yardmaster was obliged to call the Trick Dispatchers over the Dispatcherls
Circuit. The DispAtchers then notified the person called who, if available, came
in on the proper circuit, or if not, called out later,
AWARD No. 15
The claim challenges the manner in which these three new railroad
telephones were used at Ft, Scott as an invasion of telephone switchboard operators
rights under the Scope and Seniority Rules of the Agreement. On September 28
1956
the Carrier equipped these three telephones with bells which enabled the
PBK operators at Kansas City and Springfield to ring in direct without the intervening use of the Trick Dispatchers as before.
First. The new installation enabled the telephone user himself to make direct
outgoing calls in much the same fashion as the user of a completely automatic
telephone system by dial. The rotary selector switch, like the dial, made the
placing of these outgoing calls an incidental, mechanical part of the: use of the
telephone itself. As we view its this was a discontinuance of switchboard work,
or the replacement of it with a mechanical device, rather than a transfer of
switchboard work to others in violation of the Agreement,
Second. The incoming calls, on the other hand,, stood on a different footing
until September 28
1956.
Until then the method of handling in effect constituted
the establishment of a third shift PBX board in the Dispatchers' office with
Trick Dispatchers performing the work of PBX operators by receiving all
incoming calls for the three offices, finding the parties calledo having them
connected over the proper circuit and leaving messages for them to call when
not available. This was clearly not Dispatchers' work nor was it the common
work of Clerks and Dispatchers.
There is conflict in the record about the volume of calls during
the third shift. Although they may have been few.9 they continued to exist.
Award
4063
is not controlling here. Tho situation there involved a
single "party liner' circuit where one employe in the office operated a pushbutton method of calling offices on that "party line" circuit. Such a situation is
no different in principle from a private secretary handling all incoming and
outgoing calls on the same circuit for a supervisor; and Award
4063
properly
held that such work did not belong exclusively to telephone operators.
Third. The claim is for all monetary losses sustained by throe named claimants
as a result of the violation of the Agreement,
No claim is made on behalf of the incumbent of the abolished third
shift position who bid into a Chief Operator vacancy. As a result of the abolishmcn t
of the third shift position,, the regular relief position was abolished and the
incumbent Pellet was reduced to First Extras which reduced Brown from First
Extra to Second Extra.. which reduced Craig from Second Extra to Third Extra.
Claimant Pellet, the incumbent of the regular relief position] like
the incumbent of the abolished third shift position., need not have suffered any
monetary loss because she hcld sufficient seniority to have displaced on several
other regular positions. Having elected not to mitigate her monetary loss, she
has no basis for claim,
Claimant Brown, on the other hand., could not have displaced on
any regular position; and she is therefore entitled to the difference between what
she was paid and what she would have been paid if she had not been reduced from
First Extra to Second Extra, for the period commencing July 1
1955
and ending
September 28
1956.
-2-
AWARD NC.
15
The claim of Craig presents other considerations. This Agreoment
does not provide liquidated penalties for violation of the Agreement; but Third
Division Adjustment Board decisions have nonethcless provided penalties because
°experience has shown that if rules are to be effective there must be adequate
penalties for violations' (Award
685).
It follows that the Carrier was not relieved
of all obligation to pay any penalty because the employe primarily affected (the
incumbent of the abolished third shift position) suffered no monetary loss. By the
same token, it follows that the Carrier did not incur penalties in favor of everyone
on the extra list who may have been consequentially affected by the reduction. We
hold that the payment of Browns claim will satisfy all of the Carriers obligations
arising by reason of this violation of the Agreement (Award
5652;
compare Awards
4393 and
1605).
A W A R D
Item (1) of the claim sustained.
Item
(2)
of the claim sustained as to Hattie F. Brown in accordance
with the foregoing findings; denied as to Marian J. Pellet and Betty L. Craig.
/s/ Hubert Wyckoff
Chairman
/s/ T. P. Deaton
Isl
F. H. Wright
Carrier Member Employe Member
Dated at St. Louis, Missouri August 1, 1958.
_3_
ORG. FILE 8-1 INTERPRETATION N0. 1
CARRIER FILE D-2946 AWARD N0. 15
NRAB FILE CL-9012
SPECIAL BARD OF ADJUSTMENT N0. 194
PARTIES The Brotherhood of Railway and Steamship Clerks
Freight Handlers, Express and Station Employes
TO
DISPUTE St, Louis-San Francisco Railway Company
FINDINGS:
Special Board of Adjustment No. 194 makes the following interpretation of Award No, 15 in Case No.
15
upon the question how Claimant Brown's
monetary losses should properly be computed as follows:
Commencing July 1,, 1955 and ending September 28, 1956 Claimant
Brown was entitled to catch all work which Pellet caught by reason of being first
out which Claimant Brown would have caught if she had been first out except
(1) periods when Claimant Brown was first out during absences of Pellet;
(2) periods when Claimant Brown herself was absent; and (3) anfi periods when
Claimant Brown and Pellet both worked.
IsZ
Hubert Wyckoff
rman
/s/ T.P . Deaton /s/ F. H. Wright
Carrier Member Employe Member
Dated at St. Louis, Missouri August 1. 1958.