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SPECIAL BOARD OF ADJUSTMENT N0. 305
6 1960
THE ORDER OF RAILROAD TEIEGRAPHERS
STATEMENT OF CLAIM:
MISSOURI PACIFIC RAILROAD COMPANY
(Southern & Western Districts)
AWARD N0. 42
DOCRST'NO. 42
(Case 2796)
"Claim
of
the General Committee o_ The Order of Railroad Telegraphers on the
Missouri Pacific Railroad that:
OPINION OF BOARD:
Carrier violated the Agreement between the partieh when on
March 16, 1958 and on each succeeding Sunday required and is
continuing to require employes not covered by the Telegraphers'
Agreement to perform the work which has, by custom and tradition, been acknowledged as Telegraphers' work.
Carrier shall compensate L. F. Anthony, Star Agent-Telegrapher,
or the incumbent of the position, and shall pay G. R. Corwin,
Second trick Telegrapher-Clerk, or the incumbent of the position, both at Carthage, Missouri, one call, three hours at the
time and one half rate for each Sunday beginning with March
16, 1958 and continuing until such time as the work is properly
restored to the Telegraphers."
Claims here are on behalf of (*) Star Agent-Telegrapher and Second trick telegrapher at Carthage, Missouri, for compensation for call, at the tune and one-half
rate, for each Sunday beginning March 16, 1958, on a continuing basis, on the allegation the Carrier has deprived such employes of work on Sundays, a rest day of both
assignments.
It is contended that prior to the alleged date, the Sunday work was performed
by the telegraphers. Among the duties performed by telegraphers was to receive from
the dispatcher information relating to arrival time of passenger trains Nos. 221 and
232, and furnishing the call clerk, not a member of the Telegraphers' craft, with
such information so that he could.arrange his work in calling train crews. SUCH
information wasalso furnished the call clerk on week days, Monday through Saturday,
by the telegraphers.
Effective March 16, 1958, the positions here in question were changed so that
there was no telegrapher assigned to work on Sundays. Prior to March 16, 1958,
(*)Star Agent-Telegrapher Anthony and Telegrapher Corwin were given a regular Sunday
call. Effective March 16, 1958, they were notified that they would no longer be
given a call on Sunday and thereafter the clerk on duty secured the expected arrival
time of passenger trains on Sunday by direct telephone contact with the train dispatcher at Nevada for information to be used in calling crews for those two trains.
AWARD N0. 42 PAGE'2 `,-' -
DOCKET NO. 42
Carrier takes the position that such communication by telephone, as here
alleged, is not a communication of record, and such work is not, and never has been,
work exclusive to the Telegraphers' craft, since such work and telephone:communi'aa-'
tions have been performed by employes of other crafts for many years.
"---w^T'"`"
The record before us does not support a claim to require Carrier to pay claimants
for a call. There is no denial that the information subject of the telephone call
to the dispatcher was to assist the clerk in preparing his work to call crews in
either case. Certainly such information is not subject to be considered a message
of record, nor do we subscribe to the theory that such work became exclusive to
telegraphers through custom and practice. While it is true telegraphers did handle
such messages six days a week, such work does not give telegraphers the exclusive
right to perform it on Sundays any more than on any other day. The work here in
question involved the securing of information to be used for the purpose of calling
crews and may therefore be performed by clerks or telegraphers in connection therewith.
FINDINGS: Carrier did not violate the Agreement.
AWARD
Claims denied.
SPECIAL BOARD OF ADJUSTMENT N0. 305
L/
Donald F. McMahon
Donald F. McMahon - Chairman
Dissenting /s/ G. W. Johnson
R. K. Anthis - Organization Member G. W. Johnson - Carrier Member
St. Louis, Missouri
June 10, 1960
File 380-1864