CASE N0. 2950


,~CEI ~IC·. - SPECIAL BOARD -OF ~ ADJUSTMENT N0. 305
 `C4UG 5 '960 THE ORDER -OF-RAILROAD-TELEGRAPHERS
 VS.
 ,,/ MISSOURI PACIFIC'RATLROAD COMPANY
 (Souther & Western Districts):

          STATEMENT OF CLAIM*


    "Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri Pacific Railroad, that*


              1. Carrier violated the Agreement between the parties when it declared abolished the second shift Telegrapher=Clerk,

              . Fort' Smith, Arkansas, on July 10, 1958,.along with the rest day relief position at that location, without in fact abolishing the work of,the two positions, and transferred the work of these two positions to employes not covered by the Telegraphers' Agreement.


              2. Carrier shall now compensate W. H. Berd,-the former incumbent of the second shift position, 8 hours pay for Friday, July 11; Saturday, July 12;-Sunday, July 13, 1958, and for each succeeding work week Wednesday through Sunday until position restored.


              3. Carrier shall now compensate G. D. Bailey, the former incumbent of the rest day relief position, 8 hours! pay for Saturday, July 12. and Sunday, July 13, at the rate of $2.31 per hour, and for 8 hours Monday, July 14 and Tuesday, July 15,-and for each.-Saturday and Sunday, and for each Monday and Tuesday thereafter until position restored."


              OPINION OF BOARD:


    Claims here are made by employes named, for all dates as-stated in the claim, for aperiod continuing from July ll,_1958 to approkimately,March 29, 1960, when Carrier abolished all passenger trains in or-out of Fort Smith, Arkansas.


    The Organization contends the position allegedly abolished by-Carrier constitutes a violation of the provisions of. the Agreement between the parties when it abolished a telegrapher position and assigned a portion of the work remaining to employes of another craft. Effective July 10, 1958, the Carrier abolished the second shift telegrapher-clerk position, assigned hours'2:30 P. M. to 10:30 P,M_ and reassigned the hours of the first shift-telegrapher-clerk position,:6:30.A. M. to 2-30 P.M., to 8*30 A.M. to 5030 P.M. Thereafter, all telegraphic duties-performed at Fort .Smith were assigned to and performed by the remaining telegrapherclerk position. Concurrently, the Carrier established a ticket clerk position, assigned hour 11.00 A.M. to 8s00.P-.M., and the clerical duties here complained of were thereafter performed by said ticket.clerk position.

AWARD N0. 35 PAGE -2
 MOCKU-N0. 35 .
 CASE NO. 2950 ... -_ r

 Carrier contends such remaining work as involved here is not exclusive work belonging to the Organization as alleged.

        It is interesting to note in the record that the Organization admits that.:

during the period of World War 11 Carrier employed additional clerks clerksU perform
 such clerical work a® is involved horsy that when the work declined, follriwing-the
 roar, the clerks were relieved and the work ebbed back to the Telegraphers. Nothing
 i® -shown in the record that the Organization made arty claims for work performed
 during the war period, on the contention such work belonged exclusively to the
 Organization.

 Such contention as here before us, by the Organization, shows in itself that the Organization by its own action during the war years, by making no claims, thoroughly undereto®d such work was hot exclusively that as belonging to it.

        The record fails in ail respects to support the claims a® made.


        PINDINGSs Carrier did not vtolate the-Agraement.


                          AWARD


                Claims denied.


                SPROM BOARD OF ADJUSTMENT NO. 305


Donald F. Xd4dhan =-Chairan-

 R. K. _Authia _ I . W n_jehn®en ____-_
 R. K. Anthia =-Organimation li=mber 6. 13. Johnson m Carrier Member

 St. Louis, Mi®®ouri June 3, 1900

 File 330-1095