STATEMENT OF CLAIM: .

    "Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific (Pacific Lines) that:


                        CLAIM N0. 1 '^


            1. The Carrier violates the parties' Agreement at Ashland, Oregon; Redding and Montague, California when it permits or requires employes not covered by the Telegraphers' Agreement to transmit and/or receive messages in the form of waybill numbers over the telephone.


            2. The Carrier shallg because of the violations set forth above, compensate.


                (a) W. H. Davis, Assistant-Mechanician-Telegrapher,Clerk-PMO, Ashland Oregon and/or his successor, for fifteen (15J minutes at the

            . overtime rate for August 3, 1959; seventeen

                minutes at the overtime raze for August,25y

                1959; twenty-eight (28) minutes at the overtime

                rate for September 3 1959; thirty-three (33)

                minutes at the overtime rate for September 169

                1959; and one special call for September'2, 1959.


            (b)' 0. R. Hargisq Relief~Agent-Assistant

            Mechanician-Telegrapher-Clerk-PM09 Ashland,

            Oregon, and/or his successor' for one special

              'call August 25 and September 49 1959.


                (c) J. P. Beer, Agent-Telegrapher' Montague, California and/or his successor for one .. _ special call for each date August 5 and 6, 1959. .

' ~ 5~3~ 5S3


9

          (d) B. C. Adams, Second Telegrapher-Clerk-PMO,Ashland, Oregon, and/or his successor, for one special call September 23, 1959-


          (e) N. L. Kueny Third Telegrapher-Clerk.PMO,. Redding, California' and/or her successor,

          . for one special call August 3, 25' September 27 16j 21 and 23, 1959.


          (f)' A. Peters, Relief Telegrapher-Clerk-PM09 Redding and Red Bluff, California, and/or his successor, for one special call for each date August 59 69 259 279 September 3' ~+ and 189 1959.


3,A The Carrier-shall, in addition to the foregoing, for
 each such violation subsequent to September 231 1959,
 compensate an available-telegrapher at the respective
 stations named in this complaint in accordance with
 ' the provisions of applicable rules.

                  CLAIM N0, 2


      1. The Carrier violates the parties' Agreement at Alturasy California, when it permits or requires employes not covered by the Telegraphers' Agreement to transmit messages in the form of waybill numbers over the telephone to the agent at Canby, California.


        2. The Carrier shall' because of the violations set forth above, compensate:


            (a) R. A. Lucas, Third Telegrapher-Clerk-PMOt Alturas' Californiai and/or his successor,, for one special call for each date August 5 and 12, 1959.


            .(b) J. R. Mayfield, Relief Telegrapher-Clerk-PMO, Alturas9 California, and/or his successor, for one special call for August 21, 1959.


            (c) J. E. Peek, Second Telegrapher-Clerk-PMO Alturas Californisi for one special call August h9 1959.


    3. The Carrier shall' in addition to the foregoing, for

    each such violation subsequent to August 5, 1959,

    compensate an available telegrapher at the station

    named in this complaint in accordance with the pro

    visions of applicable rules, " - . .


..2..

                                        S8~ 553


                    CLAIM NO.' I. .


      1: The Carrier violates the parties' Agreement at

        '_ Phoenix, Tovreay,Wellton and Chandler' Arizona when it permi-ts'or requires employes not covered by the'Telegraphers' Agreement to transmit and/

        -,or receive messages in the form of waybill numbers

. , .''over the telephone..

    '2;.'The Carridr shall, 'because,of',the violations set

        ;.forth above. compensate:: ; , , _


          (a) W. E. Johnsony Extra Telegrapher assigned

    ' Phoenix Yard, Tempe Relief Position, one

            .' '. .. special -call each date Martih,13, 151 1.7, 20 .and 28,.1959: .


        '(b) J. F. Wells, regularly assigned second

            . Telegrapher=Clerkq Phoenix Yard, one special

        ' , call each date March 14p.16,, 23~ 26y'27 ,-.

              and April 13,.11959.,


          (c) G. A. Gilliam, regularly assigned second

              ' Telegrapher-Cerk-Wire=Chief "MGT' Phoenix, ' one special call March 179,.1959..


              (d) R. W. Ross, regularly assigned relief position Chandler and Mesa Arizona., one special call March 179 195.


              (e) J R. Knoilq Extra Telegrapher-Clerk, assigned Chandler Relief Position one special'call for each date March ~5 and

      . , . 269 1959.. .' .


              .(f) J. C. Mann, regularly assigned first Telegrapher-Clerk, Phoenix Yard,,-one.specia,l Call for March 259 1959o':


      ' . (g) W~ R,. Guymon9 Extra Telegrapher-Clerk

              Phoenix Yard' Tempe Relief Position, one,

. special' ca~.l. April l0~ 199.

        .,(h) K, A. West Extra Telegrapher-Clerk, two

        ' special cails April 27, 1959.


              (i) "f.. Tg.Wells'y'regularly assigned Phoenix Yard~Tovreay one special:.call for April.,

        . ,299, ,1959 _ . .


    ... ' -3`

                                                S~ 553

                                                Aw! q


                            CLAIM N0. 4


                1. The Carrier violates the parties' Agreement at Klamath Falls, Oregon 'wher. it permits or requires employes not covered by the Telegraphers' Agreement to transmit messages in the form of waybill numbers over.the telephone.


                2, The Carrier shall, because of the violations set forth above:, compensate:


                    (a) H. J'. Tiller,; 'third TelegraphereClerkr.PMO Klamath Falls Yard, Oregon for one special call. August llr 121, 13 q. 203 24 and 2'7, 1959.


                    (b) R. L. Westman, second Wire ChiefoTelegrapherClerk-PMO, Klamath Falls Yard~, Oregon, one special call for August 14, 1'/y 21 and 31,'1959.


                    (c) D. D. Nickles, Relief Wire Chief-TelegrapherClerk-PMO, Klamath Falls Yard, Oregon, for one special call Au st 15, 18,1. 192 25 and 26 and for fifteen (155minutes overtime August 299 1959,


(d) S. A. Bertoluccip Relief Telegrapher-Clerk-PMO, '
 ` Klamath Falls Yard, Oregon, one special call for
                    August 28, 1959.


                            CLAIM NO,


                1. The Carrier violates the parties' Agreement at Bakersfield? California, when it permits or requires employes not covered by the Telegraphers' Agreement. to transmit messages covering the movement of perishable freight over the telephone.


                2. The Carrier shall, because of the violation set out above, compensate-'JQ Panicky First Telegrapher-PMOC1erk, Bakersfield, California, for a special call of two (2) hours at the overtime rate for April 30 and, May 1, 1959. ,


                            CLAIM N0. 6


                1. The-Carrier violates the parties' Agreement at Thorne and Reno, Nevada, when it permits or requires employes not covered by the Telegraphers' Agreement to transmit and/or receive messages in the foxm.of

                . waybill number information over the telephone. `


                                                                7

SBA 553


2. The Carrier shall, because of the violations set ' forth abovey.compensate:

        . (,a) W, R, Curry, Agent-Telegrapher Thorne, Nevada ,and/or his successor for one

        -special call September 30999 and'

        Octobe3~, 31,y 1959.


    ' (b) M. Ka,Segdr9 Third Telegrapher.PMO-Clerk, '

    Sparks;, Nevada, and/or'hi.s, successor, for

    one special call.for September 30, 1959, and .

    October; 3'19 1959#


        (c) 'C< W. Walser, Second Telegrapher-Clerk PM0,, Sparks, or his successor, for one special calIq November 301 1959.


    3. -The Carrier shall, in addition to the foregoing for each such violation subsequent to September 302 1959, compensate an available telegrapher at the respective.. stations named in this complaint in accordance with applicable rules.


CLAIM N0a 7
The Carrier violates the parties' Agreement at Phoenix, Arizona' when it permits.or requires employes not covered by the Telegraphers' Agreement to transmit messages in the form of waybill numbers over the telephone.

 The Carrier shall, because of the violations set out above, .compensate:

      (a) N.. Re Ma.rqilisg regularly,-assigned occupant of Relief Position -"MC".Phoenix for one special ;call each date July,~ ht. and ', August, 5y.lg 59. . . .


      (b). it f_ We.1%.sg.regularl.y assigned second Telegrapher;4,Clerky Phoenix'Yard,, one special

' call. ,for ,Xly, 9-y 1959.

 '. ,'(c)· M,' ,Tm',Bar~r3,ngery regularly:'assigned third
 ' Telegrapher.ClerkI Phoenix,.Yardy one special
 call for;,Ju1;y 16' 1959, ._

 3. The Carrier shall, in additiori:to the foregoing for
 each such riorlation subsequent-to August 5' 195V '
 ' compensate ..an.available'-:telegraph6r at Phoenix,
 ', :Arizona in alacoxdance w~th:appX'icable rules,
                CLAIM N0. 8


    1: The Carrier violates the,parties~'..Agreement at 5th and Kirkham Street.Stationy Oakland, California

    .when it permits or requires employes not covered by the Telegraphers' Agreement,t.o transmit messages

. in the form of,waybill numbers Ever the telephone,

 The 'Carrier sha11.9, because of .the violations set

 out above, compensate:

    (a). K. T. Howard, first Telegrapher-Clerk-Towerman,

    Magnolia Tower, Oakland one; special call for

    each date October-28., 23 30 319 November

    5.1 6% 7,r. 119 7:29 13 and 114," ,1959.


.(b) ,C. E', Diehry'Relief..Positiori~No. 47,, Oakland,
 ,. California,: for one special call-on each date
 ' October 27 and November 3;and 10, 1959·
-CLAIM NO~.,~,

 The Carrier violates she;"bartlbsr Agreement at Reno, Nevada when' it permit s. .or requires employes not covered by the Telegraphers' Agreement to transmit :messages in the form of waybill numbers over the telephone, . .

                          z

The Carrier shalom because of t$e violation set out above compensate M, K&,Segarg third TelegrapherPMO-Clerk, Sparks9 Nevada.(within the yard limits of Reno), for one special.call for February 1' 1960.

    3; The Carrier shallg in addition to the foregoing for .each such violation subsequent' to February 11 1609 compensate an available telegrapher at Sparks in accordance with.applicable iule,s,


            ' CLAIM NO 10, . . ,, , .


    1.· the-'baxrier Violates: th6.,part~is!, Agreement at Phoenix Yard~.g 'Phoenixg:Arlzonay.when it,permits or requires empid-,ft8 not 'covered ,by, the Telegraphers' Agreement .to tmansmit massage's in the form of way-'bill numbers over the,-telephone;


:2,,. .The .Carrier shall beeau6a'-:oi 'the .violations set .. ,...out-above, .compensates

 (a), J.,. F, Wells g second,Telegnapher-Clerk

 Phoenix,. Arizona,orife''.special call for,
 October 12,.1,959,
s

 . ~.r.

. . . ,~ . r S 6 A 5 53


                  (b) G. A, Gilliam, third-Wire Chief, Union

        ' Depots Phoenixy Arizonay one special

                      call for October 16, 1959.

                  (c) J, F. Knoll, Relief Agent-Telegrapher-

                      Clerk Phoenix Yard ,and Tempe.Relief

                      Position, one special call for October

              - . 209 1959.9


      OPINION OF THE BOARD:

      This case consists of ten''separate.claims. All of them except'Claim No. 5 involve the transmission and/or receipt of waybill numbers ovgz .the phone by persons not covered by the Telegraphers Agreement. In each of the nine claims a Clerk or Agent-Telegrapher. at an outlying station would phone 'the regional accounting. office identifying the type of bill for which a serial number was desired and the-Clerk in the regional office would give him the serial number to'be used. Samples of the type 'of messages sent are:


              (1) "Redding August 3 1959

              Clerk Pederson Ashland '

              Use Freight Bill Numbers 103069_70..71

                    H. A. McGhee, Agen-. by Clerk 8:15 a,m." .

              (2) "Chandler Mar. 20 '

                    JLB Phoenix Give us demurrage bill number ;and 3 mi:sc,, bill numbers A..'L. Bennett 10:24 a.m."'.

              (3) "Phoenix Mar. 20 :.

                    ALB Chandler

                    Demurrage bill No ..202159 Mlsca Bill

                    Nos., 303 56..7-8

                    JLB by' Clerk Sacco 10:2-F a,m."

      The,Organization.contends that all. of these messages were communications work belonging to Telegraphers and that,their transmission.by Clerks was a violation of the Agreement in each, instance, We do not agree. .These.communications were not messages of record . nor did, they afrect the movement or operation, of' tra:ins,


        .. ; . '.o- .,:.;-7' .' .: ° , '` . ;;_

                r r s~ .~5 3


Award 12614 (Third Division) dated June 11, 19641 between the same parties involving the same type. of communications, rejected the Organization's contention for the reasons we have mentioned. We consider it persuasive and controlling here and hold that.Claims 1, 29 3' 49 6, 79 81 9 and 10 are without merit.
 Claim No. 5: On each of the dates involved in this claim a Clerk at Bakersfield telephoned the Clerk-Telegrapher at Wellton and gave him information concerning the number of a car, shipper and consignee, contents, routing and destination. ,The items of information. are shown on pp 131 and 199 of the Record. Carrier admits that this is the same type of information which was telephoned by Clerksat Brawley to Clerks at El Centro in Case No. 7' and it makes the same arguments here that it made in that case and cites the same Awards. We rejected those arguments there and the reasons we gave in Award ? apply here. Awards 8663 and 12610 (Third Division - Supplemental) on this property are in point and control the decision in this claim. We hold that the messages affected the movement of trains and that this kind of communication belongs to the Telegraphers.. The Claim' thereforey must be upheld. FINDINGS
 That Carrier violated the Agreement in Claim No.~5, but there was no violation in the other claims. AWARD
          Claims 19 2' 39 49 69 79 8$ 9' and 10 are denied; Claim

5 is sustained. - . .

                      !, r A

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              SPECIAL BOARD OF ADJUSTMENT N0. 553


                    Roy R. Ray, Chairman


D. A. Bobo, Employe Member L< W. Sloan, Carrier Member,

 San Francisco, California November 9 2 19611-

 _9.