SPECIAL
BOARD OF ADJUSTMENT NO. 525
AWARD N0. 24
CASE N0. 24
ORGANIZATION'S FILE
R-1142
EMPLOYES
I
STATEMENT OF CLAIM:
1. The Carrier violated the parties? Agreement and long established
practice thereunder at "U.N." Telegraph Office, Salt Lake City, Utah,
when commencing May 6, 1959, it unilaterally removed from said Agreement
-the work in connection with the handling (receive, copy and deliver)
of train orders, clearance cards, and other work incidental to the
movement of Western Pacific trains from Union Depot, Salt Lake City,
Utah.
2. The Carrier shall, because of the violation set forth above,
compensate the senior idle Telegrapher, on the Salt Lake Division, on
each shift of eight (8) hours in every twenty-four (24) hour period,
commencing sixty (60) days prior to the filing of this claim and so
long thereafter as the violation continues to exist. The names of the
claimants to be determined by a point check of the Carrier's records.
SPECIFIC FINDINGS:
Prior to May 6, 1959, the D.& R.G.Yl. maintained a jointly operated
telegraph office with the Western Pacific in the Union Depot at Salt
Lake City. On said date, the office was moved to Roper Yard, 2.6 miles
distant. Part of the work of Telegraphers at the Union Depot had been
to handle (receiving, copying and delivering) train orders, clearance
cards and messages for westbound Western Pacific first class trains in
addition to similar duties for D. & R.G.W. The Western Pacific paid part
of their salaries. After the move, the point facility arrangement was
terminated and D. & R. G. W. dispatchers handled the train orders,
messages, etc. issued by Western Pacific dispatchers. All telegraphers,
who formerly worked at the Depot, were assigned to the yard office at
Roper Yard.
GRAND DIV.: ORT 3109
CARRI);R1S FILE
TE-7-59
,, ,.~
, SGT 595 -ADD a-H
Long standing practice can not supersede an unambiguous rule
of the Agreement.
' Rule 21(A) upon which Carrier relies reads as follows:
"No employes other than covered by this contract
and train dispatchers will be permitted to handle
train orders at telegraph or telephone offices
where a telegrapher is employed and is available
or can be promptly located, except in an emergency
in which case the telegrapher will be paid for a
call."
As observed by Referee Hornbeck., Award 9217, when commenting on an
Article similar to the above-quoted Rule 21 (A):
"This article clearly places telegraphers and train
dispatchers in like status in the right to handle
train orders. So here, unless there was some reason
other than the alleged disqualification of the Train
Dispatcher to do the work he was fully authorized
to perform it under Article 20." (our Rule 21(A)).
A denial award involving facts and rules similar to ouxsis
Award 7916 (Referee Shugrue).
We do not find palpable error in the past Awards arising from
this property and involving the instant question.
AWARD
Claims denied.
SPECIAL BOARD OF ADJUSTMENT N0. 525
Denver, Colorado
(Signed) J. Glenn Donaldson
March 9, 1964 J. Glenn Donaldson, Neutral Member
Chairman
(Signed) R. K. Anthis
R. K. Anthis, Organization Member
(Signed) C. E. Baldridae
C. E. Baldridge, Carrier Member