Docket No. 31
BARRIER: TEL-7,52-116
' SPECIAL BOARD OF ADJUSTMENT N0.
553
COMMITTEE: A-432-1
MUM DIV.: 762.1/53
TRANSPORTATION - COMMUNICATION EMPLOYEES UNION
SOUTHERN PACIFIC COMPANY (PACIFIC LINES)
ROY R. RAY, Referee -
STATEMENT OF CLAIM:
"1. Carrier violated, and continues to violate,- the provisions
of the Telegraphers' Agreement between the-parties, particularly Rules 1, 2, 3,
4, 5,
6 7, 11+,
15,
16, 17, 19, 21,
~' 40
and
41,
or any other rule of Zhe Agreement having application
to the instant case, beginning July 8, 1960 and continuing each
date thereafter, when the Carrier required or permitted work
belonging exclusively to employes covered by the Scope Rule of
the current Telegraphers' Agreement to be removed therefrom,
and to be performed by employes of another craft and class
such as Assistant Chief Dispatchers, clerical employes assigned
in
the Chief Dispatcher's office, (stenographers for example),
Supervisors, Assistant Supervisors and others.
'12. As a consequence of the violation being permitted at Eugene
Yard, Oregon the Carrier shall be required to comply with
the rules governing the employment and compensation of the
Telegraph Service employes, and during the interim from July 8,
1960 until the violation ceases, the Carrier shall compensate
an extra. or regular assigned employe as follows:
"3.
(a), Claim in behalf of senior available extra man, or if
no extra man available, ciaim in behalf of regular
assigned man on his rest days, or his successor, shall be
paid 8 hours compensation each date violation occurs
commencing
July
8
1960. In this instance, on
July ~,
1960,
claim is preseritead in behalf of R. E._ Harries, regular Third
Trick Telegrapher-clerk-PMO, hours"from 12:01 A.M.~to 8:00 A.M.,
Friday and Saturday rest days, Eugene Yard, Oregon.
"I+. On each date, in each instance subsequent to July 8, 1960;
that the Carrier requires or permits employes of another
class and craft at Eugene Yard, Oregon to fill positions and
perform work belonging, exclusively to the Telegraph class of
employes, the Carrier shall be required to pay the senior,
qualified, idle, extra Telegrapher, or if no senior, extra
Telegrapher is available, then the senior, idle regularly
. assigned Telegrapher at Eugene Yard, shall be paid a special
call, or eight (8) hours at the overtime rate, or the applicable
compensation provided for under the prevailing Agreement."
_1_
_, . :. ` i 66
A 553- 3
OPINION OF BOARD: This case is very similar to Docket No. 28; it
involves the transmission of the Morning Situation Report. The Union
alleges t4at Carrier violated the Agreement on July 8$ 1960 and subsequent
dates by having ,a clerk or other non.-telegrapher in the Dispatcher's
office at Eugene Yard, Oregon telephone the morning report to a supervisor
in the General Superintendent's office in San Francisco.
The evidence shows that prior to 1942 this report was trans-+
mitted exclusively by telegraphers by means of telegraph or teletype.
j On July 8~ 1960 Carrier discontinued the teletype report. The claim
I
j was filed shortly thereafter. Since that time non-telegraphers have
telephoned the information to the General Superintendent's office. .
Carrier says that the telephoning of this information had been going
on since 1942' and that the Company merely continued the practice
after the discontinuance of the teletype report. The Union denies any
knowledge by it or the telegraphers that this kind of information was
being phoned prior to July 89 1960.
The principle involved in this case is the same as in
Docket 28' and it must be governed by the same rules. For the reasons
expressed in Award 28 we hold that this was a communication of record
and belonged to telegraphers. The use of non-telegraphers to transmit
this report was a violation of the Agreement.
AWARD
The claim is sustained for one call payment for July 8, 1960.
The continuing part of the claim is denied. Carrier is directed to
-2-
i ~cS,8 A553~
a~31
restore to telegraphers the work of transmitting the information in
this report.
SPECIAL BOARD OF ADJUSTMENT N0.
553
ooy
-RChairman
. Bobo, Employe Member L. W. Sloan, arrier Member
San Francisco, California
September 2,
1965
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