NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Norris C. Bakke, Referee
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific Company, Pacific Lines, that Telegrapher R. L. Simpson be compensated under the provisions of Rule 10 of the Agreement in effect between the parties to the dispute, for the period of time March 3rd to 19th, inclusive, 1938, account services performed at Santa Susana, Los Angeles Division.
EMPLOYES' STATEMENT OF FACTS: Due to heavy storm and flood conditions resulting in slides, washouts and damaged trackage, Telegrapher R. L. Simpson was ordered to Santa Susana on March 3rd, 1938, to open an emergency office.
Santa Susana is located on the Ventura Subdivision of the Los Angeles Division at M.P.437.5. Santa Susana is a seasonal office and an Agenttelegrapher is employed during perishable shipping season varying from May or June to November or December each year.
For some time prior to this particular time, there was no employe coming within the scope of the Telegraphers' Agreement employed at Santa Susana. The office had been closed and it was necessary to have train order signal blades installed on the semaphore before the office could be opened for handling train orders. Also, the power had been cut out and it was necessary to have it cut in by the Power Company at Moor Park in order to furnish lights for the signal and office.
Traffic through Santa Susanm is a single track operation. The first telegraph office to the west in continuous operation was Moorpark, 10.4 miles. To the east, the first continuously operated office was Burbank Junction, 25.2 miles until March 5th when due to emergency conditions, Chatsworth was made a 24-hour office. Tunnel 26 named in EXHIBIT "E" is located between Santa Susana and Chatsworth and is approximately 4 miles east of Santa Susana. Hewitt mentioned in EXHIBIT "E" is located 20.9 miles east of Santa Susana. Summerland, the point named in EXHIBIT "E" shown on the map in EXHIBIT "E" and photographic reproduction in EXHIBIT "H" and mentioned in EXHIBIT "L" is located 61.3 miles west of Santa Susana. Montalvo, the point mentioned in EXHIBIT "E," photographic reproduction of Bridge in EXHIBIT "H," mentioned in EXHIBITS "E", "G" and "H", is located 34.3 miles west of Santa Susana.
We quote from EXHIBITS "E", "F", "G", "H" and "M", excerpts which will give ready reference to factual material as to emergency conditions obtaining:
OPINION OF BOARD: The principles involved in this case are identical with those in Docket TE-1840, Award 1979, this day decided. What is said in Award 1979 is controlling in the decision of this case.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the claimant's work at Santa Susana was work at an emergency office within the meaning of Rule 10, and the claim should be sustained.
Dissent is expressed to this Award for the reasons given in our dissent to Award No. 1979, Docket TE-1840, issued concurrently.