SPECIAL BOARD OF ADJUSTMENT N0. 525
THE ORDER OF RAILROAD TELEGRAPHERS
vs.
THE DENVER AND. RIO GRANDE WESTERN RAILROAD
STATEMENT OF CLAIM
:
Claim of the General Committee of The Order of Railroad Tel-
egraphers on the Denver and Rio Grande Western Railroad, that:
1. Carrier violated and continues to violate the Agreement
between the parties when on November 12, 1957, it declared
the position of Telegrapher-Clerk at Burnham (Denver),
Colorado, abolished and assigned the work of the position
to employees not covered by the Agreement;
2. Carrier shall be required to restore the work to the
scope of the Agreement. Telegrapher C. F. Donohugh, in
cumbent of the improperly abolished position, and other
employees improperly displaced, shall be returned to
their respective positions, compensated on the basis of
a day's pay in addition to other compensation received,
for each day suspended from their regular assignments;
and reimbursed for expenses incurred beginning on Nov
ember 12, 1957, and continuing thereafter until the vio
lation is corrected.
FINDINGS
:
This Board, upon the whole record and all of the evidence, finds that:
The Carrier and the Employee and Employees involved in all of the disputes involved in this docket of cases are respectively carrier and employee
within the meaning of the Railway Labor Act, as approved June 21, 1934, and as
since amended.
This Board has ,jurisdiction over the disputes involved herein. The
parties to said disputes were given due notice of hearing thereon.
51.9- .~2-~' - ·~w ~ 3
_2_
SPECIFIC FINDINGS:
Award No. 16, Special Board of Adjustment No. 186, cited by the Organization is not in point. Transmittor distributor rather than reperforators are
involved. Former, unlike latter, is not the exclusive tool of the telegraphic
craft under the Scope Rule.
Insufficient evidence is present to substantiate claim that messages
were sent on a through circuit as contended.
AWARD
Claims denied.
SPECIAL BOARD OF ADJUSTMENT No. 525
,(s/ J. Glenn Donaldson
J. Glenn Donaldson, Neutral Member
Chairman
/s/ R. K. Anthis
R. K. Anthis; Organization Member
/s/ J. W. Lovett
J. W. Lovett-, Carrier Member
Denver, Colorado
November 19, 1963