SPECIAL BOARD OF ADJUSTMENT N0. 553
COMITTEE:
I-44.4-1''
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
SOUTHERN PACIFIC COMPANY (PACIFIC LINES)
STATEMENT OF CLAIM
:
"1. Carrier violated the provisions of the Telegraphers'
Agreement, particularly Rules 1, 2~ 141 16 and 17, on
the following dates at E1 Centro, Calif.~ when work
belonging exclusively to employes covered by the
Telegraphers' Agreement, was removed therefrom and
required and permitted an employe of another class
not covered by the Scope Rule of the agreement to
transmit telegraphic communications of record by
telephone from E1 Centro to a Telegrapher at Niland
and Indio, Calif.
"2. (a) Claim in behalf of Price Hall, 3rd Wire.ChiefTelegrapher-clerk-PMO E1 Centro, or his successor,
for a two hour call, 1pril 99 12, 16 and 22, 1959.
(b) Claim in behalf of R. J. Mitchell 1st Wire ChiefTelegrapher-clerk-PMO, El Centro or his successor, for
a two hour call, April 11 179 233, 24, 25~ 29, 30, May is
29 9, ill 141 22 and 23,
1
(c) Claim in behalf of A. C. Sparks, Relief Wire ChiefTelegrapher-clerk-PM09 El Centro, or his successor, for
a two hour call, April 12, 27 and 28, 1959.
(d) Claim in behalf of R. A. Martin, 2nd Wire ChiefTelegrapher-clerk-PMO, E1 Centro or his successor for
a two hour call April 25, 26, 27, 30, May 1, 21 ~j 119
1'+, 16 , 21+ and ~7 , 1959.
(e) On each date and each instance subsequent to
April 99 1959 wherein similar.violations of agreement
are permitted,at E1 Centro, Calif., the Carrier shall
compensate the regularly assigned Telegraphers listed
in Paragraph 2.(a), (b), (c) and (d) or their successors,
as provided for by the applicable ruies."
SO A 553-,wd ;Q~
OPINION OF'-BOARD: The claim charges that on various named dates
between April
3, 1959
and May
27, 1959
persons outside the Agreement
telephoned instructions through Niland and Indio, California to
train crews relating to picking up and setting out cars at various
points. Illustrative messages were:
11C&E Extra 6364 East Niland
Arrange to set out
55
mty gons at Calipatria handle
balance of your train to El Centro and leave it on
track No.
90"
"C&E Beet Hauler Indio
Set mty
box
car out at Brawley. Put 86 in storage one
38 in storage two.. which now has
42
cars Balance even
drill extension. Leave at.east end. Bring beet to
E1 Centro."
The messages were transmitted by trainmasters, assistant
trainmasters and yard clerks.
The Union contends that these messages related to the
movement of trains and are of the same type which Award 14 of the
Board ruled belonged to telegraphers.
Carrier seeks to distinguish this case on the ground that
the instructions here were yard instructions which have been handled
by trainmasters, assistant trainmasters and yard clerks. The Union
replies that the messages went from one station to another. It says
that there is nothing in the Agreement about yard limits and that
the Company could put them anywhere it wishes thus making it possible
for the Company to take away the telegraphers'rights to communications
over a wide area if the Company's theory were accepted.
We have already ruled that communications of this type
relate-to train movements. Award 14, Claim 1, Sub-claim
15
and
Claim 2, Sub-claims 10-11. We see no basis for a different ruling
Y
SGA 553-"
a~/
merely because the instructions concerned movements within a certain
yard's limits. In this respect the Union's point seems well taken.
We hold that the agreement was violated.
AWARD
The claim is, therefore, sustained for a call payment for
the dates and persons specifically named in items 1-4 of the claim.
The continuing claim for dates subsequent to May 2'7' 1959 is denied
for lack of specification as to dates, messages and claims.
SPECIAL BOARD OF ADJUSTMENT N0.
553
Roy Chairman
01
a4to --- -
D. A. Bobo, Employe Member
San Francisco, California
September 2. 1965
L. W. Sloan~ Carrier Member