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Award No. 32
Docket No. 32
CARRIER: TEL-152116·
COMMITTEE: G-X575-1
SPECIAL BOARD OF ADJUSTMENT N0.
553
GRAM DIV.: 7&2'.1/53
TRANSPORTATION - COMMUNICATION EMPLOYEES UNION
SOUTHERN PACIFIC COMPANY (PACIFIC LINES)
ROY R. RAY. Referee
STATEMENT OF CLAIM:
111.
Carrier violated and continues to violate the provisions
-°~ of the Telegraphers' Agreement between the parties
J'particularly Rules 1, 2
3, 4, y, 6, 7, 14, 15, 16, 17, 19,
209
21,
40
and 4-1 or any other Rule of the Agreement having application
to the instant case, beginning July
15, 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 class and craft, such as Supervisors and/or Assistant Supervisors and others assigned to the
office of Mr.
J.
H. Hatcher, General Superintendent of Transportatiqn,
located at
65
Market Street, San Francisco, California.
2. As a consequence of the violations being,permitted at
Mr. Hatcher's office, 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
15,
1960,
until the violation ceases, the Carrier shall compensate an
extra or regular assigned employe, as follows:
3.
(a) Claim 3n behalf of Mary T. Stein, extra Telephone
Message-Printer Machine Operator tBDI General
Telegraph Office, San Francisco, California, or her
successor, shall be paid eight (8) hours compensation
at the pro rata rate of pay, each date,
July 15, 17
and 18,
1960.
' (b) Claim in behalf of W.'J. Clayberg, extra Telephone
Message-Printer Machine Operator, 1BDI General
Telegraph Office, San Francisco, California, or his
successor, shall be paid eight (8) hours compensation
at the pro rata rate of pay, each date July
16
and 21,
1960.
(c) Claim in behalf of Nora C. Morrow, extra Telephone
Message-Printer Machine Operator, IBDI General
Telegraph Office, San Francisco, California, or her
successor, shall be paid eight (8) hours compensation
at the pro rata rate of pay
July 19, 1960.
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(d) Claim in behalf of Doris S. Bell, extra Telephone
Message-Printer Machine Operator' tBDI General _ _
Telegraph Office, San Francisco, California, or her d
successor' shall be paid eight (8) hours compensation
at the pro rata rate of pay July 20,
1960.
4,
On each date, in each instance subsequent to July 219
1960
that the Carrier permits or requires employes of
another class and craft at Mr. Hatcher's office,
65
Market Street,
San Francisco, California 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 Telegraphers or if no senior extra Telegrapher is available,
then the senior, idle regularly assigned Telegrapher at IBDI
General Telegraph Office,
65
Market Streets San Francisco,`
California, shall be .paid eight (8) hours' compensation or the
applicable compensation provided for under the prevailing agreement.
NOTE: Request
is
made for a joint check of the Carrier's
records in order to determine the evidence of the
. violations being required or permitted by the
Carrier also in order to determine the-proper
claimants and the amount of compensation due each
claimant," -
OPINION OF BOARD: This differs from the other situation report cases in
that the violation charged here is the receipt by nontelegraphers of these reports, The Union alleges that Carrier violated
the agreement on the dates mentioned and continues to violate it by having
supervisory employes in the office of the General Superintendent of Transportation in San Francisco, not covered by the Agreement, receive by
telephone from various named terminals information covering train operations, usually called situation reports.
Prior to 1942 the type of information and report involved here was
always received.by the telegraphers by wire, and the Union says this continued up until shortly before this claim was filed. The record shows that
in March 19609 Carrier directed that the teletyping of these reports be
discontinued and this was done. The Union says that this was when Company
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SBA 553
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began to have the reports sent and received by telephone. The Company
has offered evidence to show that these reports were being received by
non-telegraphers in the San Francisco office as far back as 191-2. The
Union denies any knowledge of this practice.
Other situation report cases dealt with the transmission of the'
information. This one deals with the receipt of it. There is no basis
for a different result here. We hold that these reports were communica
tions of record and that telegraphers are entitled to the work of receiving
as well as transmitting them. By Carrier's action in having non-telegraphers
in San Francisco receive these reports by phone it violated the Agreement.
The Union did not lose its right to assert a violation by nor filing a .
claim at an earlier time. The work was effectively removed from the tele
graphers in 1960. See Awards 28 and 31 of this Board.
AWARD
The claim is sustained for one days pay for each of the telegraphers named in the claim. The continuing part of the claim is denied.
Carrier is directed to restore the work of receiving the information in
. this report to talographerS in the San Francisco office.
SPECIAL BOARD OF ADJUSTMENT N0. 553
i Roy R. Ray, Chairman
D. A. Bobo, Employe Member L. W. Sloan9 Carrier Member
S
San Franciscoy California
September 2, 1965
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