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DOCKET N0. 44
`C~ CASE N0. 2740
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SPECIAL BOARD 'OF ADJUSTMENT NO. 305
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. THE ORDER OF RAVLRnsD -TELEG)cnPBERS
MISSOURI PACIFIC RAILROAD COMPANY
(Southern '& Western Districts)
STATEMENT -OF -CLAIM:
"Claim of the General Committee of The Order of -Railroad Telegraphers on
the Missouri Pacific Railroad, that:
l- Carrier violated the provisions of Mediation Agreement dated
July 27, 1953
when it
transferred the work of removing commumications from printer telegraph machines on Western Union
leased printers, checking for errors, marking off on number
sheets, preparing RQs (requests for correction) on wires received from 'Chicago, Pittsburgh,, Cleveland, Detroit, Cincinnati,
Washington, Philadelphia and 'N' and''C' Offices New York.
2. Carrier shall now compensate senior extra telegrapher Mrs. O. L.
Warren, available (not working), for eight hours at the pro rata
rate of $2.31 for the violation of August 12, 1957and shall
compensate the senior extra telegrapher available (not working)
for eight hours at the.pro rata-rate-of $2.31 or if there should
be no extra telegrapher available,
then shall
compensate the
senior employe of 'GM' Office,: St. Louis, not working due to
assigned rest day, for eight hours at time and one-half. -rate. of
his regular
assignment, for
each and every day commencing on
August 13, 1957 and continuing thereafter so long as such
printer work is performed by employes not covered by the Telegraphers' Agreement."
OPINION OF-BOARD:
These claims are bases upon the contention of the Organization that 'the
Carrier violated the provisions of Mediation Agreement,.Case A-4078:ORT, Case A-4098
BRC, signed at'St. Louis on July 27, 1953, effective August 15, 1953, when, effective
August 12, 1957, it changed the system to be used in handling messages received from
off-line offices via TWX and Western
Union leased
wires on the teletype mcahines
located in "GM" Office, St. Louis.
The record shows that prior to August 12,,1957, telegraphers in the "GM"
Office-scrutinized messages being received on said machines as the messages were
being received, and where-errors were discovered in such messages, the -telegrapher
would ask the sending office to repeat the message because it was either garbled or
unintelligible, and when the message was resent and received correctly, the telegrapher tore the message from the machine, after
which it
was turned over for further handling to the messenger represented by the Brotherhood of Railway, Clerks.
AWARD N0. 44 -PAGE 2-
DOIBHT N0.
44
f , . : _ y -__
CASE
N0. 2740
,. -
Y
Effective August 12,.1957 a new system was establisied whereby the
messages.received from off-line.offices on teletype. machines vla'TW%-and Western
Union leased wires were removed from the machines, checked for errors,:uiarked.off
on number sheets,.and in those cases where errors were discovered, RQs-(requests
for correction) were prepared. These four items of work were thereafter performed
by messengers represented by, the Brotherhood of Railway Clerks.
The Organization relied upon the Mediation Agreement effective August 15,
1953 for support of these claims but the-Carrier contends that the Agreement in
question covered the work of.tranamission and not the .incidental duties here in
issue.
After a careful. study of the submissions of the parties and the agreement
involved, we have concluded -that employee represented by The Order of Railroad
Telegraphers should continue to tear the-messages from the teletype machines connected with off-line offices by.TWR and Western Union leased wires, check the
messages for errors, and in the event errors are discovered, they will, of course,
ask for a rerun as they have heretofore done. We- believe 'this is the only work
which -these .claimant's have heretofore performed on these machines under the system
which was placed into. effect effective August 12, 1957.
Section 1 of the claim should be sustained to the.extent as set out in the
foregoing Opinion.
Section 2 of the claim is denied in its entirety, for the reason that no
telegraphers suffered loss in compensation or loss of time, and there is;nothing
in the record that would support a sustaining awarld as-pertains to this portion
of the claim.
FINDINGS: Carrier violated the. Mediation Agreement to the extent as
set out in the foregoing, Opinion.
AWARD
Claim sustained but only to extent as set forth in
the Opinion.
SPECIAL BOARD
'OF ADJUSTMENT NQ.
305
/s/ Donald F. McMahon
Donald F. McMahon -Chairman
/.s/ R. R. Anthis /s/ G. W. Johnson
R. R. Anthis,,-'Organization Member G. W. Johnson --Carrier Member
St. Louis, Missouri
June.10,.1960
File 380-1822