Rule 34 provides that "All telegraph wires and dispatcher.' telephone circuit. will be removed from non-telegraph offices." No telegraph wires are installed in the station nor do the Employes contend that there are; and the Agent in her statement confirms the fact that the telephone installed in the ofce is not connected with the dispatchers' circuit. Attention of the Board is directed to,the fact that Rule 34 (b) states that: "All telegraph wires and dispatch. ers' telephone circuit, will be removed from non-telegraph offices", and makes no mention whatever to message phones, such as the phone installed in the station at Dodge on September 11, 1944. This fact is, in itself, a clear indication that it was not the intent of the parties to isolate the non-telegraph agents from all wire communication with the rest of the railroad. The phone installed in the station at Dodge is used as a conversation phone only and not for any purpose pertaining to the movement of trains. There is nothing in Rule 34, nor in any other rule of the Telegraphers' Agreement which prohibits the installation of the telephone installed at the station at Dodge to be used by the agent for the purpose hereinbefore stated by the Carrier and by Agent Matheson.
In her statement submitted as Carrier's Exhibit "A" the agent at Dodge states that the phone is not used to talk to the dispatcher, and that it is not connected with the dispatchers' circuit; as a matter of fact, as stated in Exhibit "A", no one can ring the agent on the message phone, that it can only be used by the agent to call the Houston or Palestine telephone operator.
In other words, the agent at Dodge, according to her own statement, is performing no service that would entitle her to an agent-telegrapher's rate of pay, and that being so, the question arises who is or has been hurt by reason of the installation of the telephone, and who under the circumstances is entitled to the agent-telegrapher's rate of pay, and why, as contended by the Employes.
In this connection attention of the Board is directed to Paragraph (c) of the Employes' Ex Parte Statement of Claim reading: "That the Employee or Employees involved be compensated retroactively from September 11, 1944". This part of the claim is vague, indefinite, and uncertain in that it does not sp6cifically name an individual or individuals for whom compensation is demanded retroactively to September 11, 1944, and in that respect is, in fact, hypothetical.
As evidence of the fact that the use of a telephone by the agent at Dodge for the purpose previously described is no innovation in the facilities placed at the disposal of agents at non-telegraph agencies on this property for use in the conduct of their business, attention is directed to the fact that a similar telephone facility is and has been for several years installed in the nontelegraph stations at Derby and Hutto, Texas. We have no record of claim or protest from the Employes as a result of telephone being installed and used by the non-telegraph agents at those two stations for the same purpose that the telephone is used by the non-telegraph agent at Dodge, Texas.
When consideration is given to the basis for the Employes' contention and claim in this case, together with the signed statement of Agent Matheson (Carrier's Exhibit "A"), which statement unquestionably obviates any basis for the Employes' contention and accompanying claim, together with the fact that there is no rule in the Telegraphers' Agreement prohibiting the installation of the telephone in the station at Dodge for use by the agent for the purpose herembefore stated, it is clearly evident that the contention of the Employes should be dismissed and the claim accordingly denied.
OPINION OF BOARD: By agreement of parties the former position of Agent-Telegrapher at Dodge, Texas, was reclassified to Agent-Non-Telegrapher on September 1, 1941. The former position of Agent-Telegrapher was paid 70 cents an hour; with subsequent increases it would now make the position pay 89 cents an hour.
On September 11, 1944, a telephone was installed in this station for the purpose of enabling the agent to place orders with the car distributors at Palestine and Houston for cars at the station, and to obtain information on 3410-11 121
rates and routes from the Traffic Department. The telephone is not connected with the Dispatcher's telephone circuit and can only be used by the Agent to call the PBX operator at Palestine or Houston. No train orders have been copied by the Agent since this telephone was installed. Prior to September 1, 1941, the Agent-Telegrapher at Dodge performed this work, and also handled train orders.
The issue here is whether Dodge is a non-telegraph agency. The Agent now receives messages and reports in reference to orders of cars, routes and rates. In the opinion of this Referee Awards Nos. 849 and 851 of this Division are controlling and, therefore, the claim should be sustained.
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 Employes involved in this dispute are respectively carrier and employes 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