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Docket No. DC-2343






STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes Local 495, Hotel & Restaurant Employes International Alliance, for and in behalf of Chef William Blake and Waiter R. L. Johnson to be returned to service with seniority rights accumulated and unbroken and with compensation to the extent suffered as a result of unjust discharge in abuse of the carrier's discretion and in violation of Article 7 of the current agreement.

FINDINGS: The Third Division of the Adjustment Board finds;

That the dispute was certified to the Third Division of the Adjustment Board exparte by complainant party; and

That no hearing thereon has been held, and under date of June 1, 1943 the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.


Case dismissed.


By Order of Third Division

ATTEST: H. A. Johnson


Dated at Chicago, Illinois, this 3rd day of June, 1943.

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Docket No. TE-1882



H. Nathan Swaim, Referee





STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers, Chicago, Rock Island and Pacific Railway, that the Carrier, when an interlocking plant was installed in the telegraph office at Forrest City, Arkansas, in 1930, having agreed with the Committee, because of the increased duties in connection with said interlocker, to add to each telegraph position in the office 242¢ per hour more than the hourly rate stipulated in the current wage scale for those positions, (1) has improperly withheld this 242¢ per hour from the agent-telegrapher at Forrest City since the first telegrapher position was discontinued June 16, 1939, the agent reclassified to agent-telegrapher and required to assume the duties of the discontinued position, including manipulation of the interlocker; (2) that the proper hourly rate for this agent-telegrapher since June 16, 1939, is $1.025, and (3) that employes who have served as agent-telegrapher at Forrest City since June 16, 1939 shall be reimbursed accordingly.

EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement between The Order of Railroad Telegraphers and The Chicago, Rock Island and Pacific Railway Company, bearing date of January 1, 1928, covering rules of working conditions and rates of pay for those classes of employes enumerated in the scope rule thereof, copies of which have been furnished to the Board.

On page 40 of the Agreement in the wage scale there is shown three telegrapher positions at 66¢; one telegrapher-ticket clerk position at 674 and supervisory agent position at 95¢.

Effective January 1, 1930, the carrier installed remote control signal plant governing movement of trains over the crossing of the Rock Island Railway and Missouri-Pacific Railroad at Forrest City, Arkansas. The duties of operating the signals governing the approach to the crossing were imposed on the three telegraphers in the passenger depot. At the insistence of the organization, and to compensate for the added duties and responsibilities placed upon the incumbents, the carrier agreed to add to each of the telegraph positions in the office a differential of 242¢ per hour more than the hourly rate stipulated in the agreement for those positions.

This 242¢ per hour differential made the rates of the three telegraph positions 6842¢, leaving the rate of the supervisory agent at 95€,—the telegrapher-ticket clerk position having been previously discontinued.

To the above rates should be added 5¢ per hour increase granted under Mediation Agreement A-395 of August 1, 1937.

On June 16, 1939, the first telegraph position was abolished and the duties of this position consolidated with those of the supervisory agent which changed the classification of the agent's position to that of agent-telegrapher and all the duties formerly performed by the first trick telegrapher, including the operation of the remote control signal plant, were imposed upon this position at the rate of the supervisory agent's position. However, the carrier has refused, and continues to refuse, to apply the 242¢ differential to the reclassified agent-telegraph position contrary to previous agreement.

POSITION OF EMPLOYES: It was shown in the Claim and Statement of Facts that the carrier, at the insistence of the organization, effective January 1, 1930, applied an increase of 242¢ per hour to the telegraph positions to compensate for added duties and responsibilities of operating remote control signals over the crossing of Rock Island Railroad and Missouri-Pacific Railroad at Forrest City, Arkansas. In order that the Board may have a clear understanding of the basis of this claim, and that there be no doubt that the 242¢ increase was agreed to, and applied to the three telegraph positions, we submit the following exchange of correspondence between former General Chairman Gardner and former General Manager Warner which resulted in the increase above mentioned:

“Kansas City, Missouri,
August 10, 1930.

Mr. A. B. Warner,
General Manager,
Rock Island Lines,
El Reno, Okla.

Dear Sir:

Subject: Adjustment in rate of pay account Telegraphers

Forrest City required operate Remote Control Signal

Plant. Your letter July 29th, file 5-3002 with reference to adjustment in rate of pay of the three telegraphers at Forrest City account remote control signal plant installed at that point and these employes required to operate it in connection with their other duties.

I will concede the point you have raised, that the plant at Forrest City is not the same type as that installed at Biddle, however, a personal investigation of the conditions at Forrest City convinced me that the operation of the plant at that point affected the classification, and the additional duties and responsibilities imposed upon these employes justified a rate adjustment. I agree with you that the adjustment should be made upon the merits of the particular job in question and I am agreeable to establishing a differential at Forrest City on that basis.

Your letter was not quite clear as to the amount to be allowed at Forrest City but I inferred from your letter that it was to be 242¢. If my understanding is correct I hereby concur in your proposal.

I trust you will arrange for the necessary form to cover the differential as suggested by you in the last paragraph of your letter.

Yours truly,

/s/ V. 0. Gardner,

General Chairman."

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