THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY
COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Order of Railroad Telegraphers, Chicago, Rock Island and Pacific Railway, that Telegrapher C. E. Harding be paid one call for each of the following days; namely, December 10, 12, 14, 17, 19, 21, 24, 26, 28 and 31, 1940, and January 2, 4, '1, 9 and 11, 1941 because train orders taken by him while on duty at Sioux Falls, South Dakota, on each of the days enumerated which were to be delivered to trains at that point several hours after he went off duty were, on instructions of his superior, not delivered by him or any other employe in the office who was covered by the Telegraphers' Agreement, but were placed in a waybill box on the outside of the station building to be picked up by the train crews addressed.
EMPLOYES' STATEMENT OF FACTS: An agreement bearing date of January 1, 1928, is in effect between the parties to this dispute, copy of which has been furnished members of this Board.
At Sioux Falls, South Dakota, located on the extreme west end of the Cedar Rapids Division, Chicago, Rock Island and Pacific Railway, the carrier maintains a telegraph-ticket clerk position under the Telegraphers' Agreement with assigned hours 8:30 A.M. to 5:30 P.M., Sundays and holidays excluded, with an hour allowed for meals.
On December 10, 12, 14, 17, 19, 21, 24, 26, 28 and 31, 1940, and January 2, 4, 7, 9 and 1.1, 1941, before going off duty Telegraph-Ticket Clerk Harding at Sioux Falls received from the dispatcher train orders and clearance cards addressed to local east for delivery to this train due to leave Sioux Falls the following morning at 6:00 A.M., and was instructed to place the orders and clearance cards in a box on the outside of the station building to be picked up by the crew of the extra east, which instructions were observed by him.
POSITION OF EMPLOYES: The following articles of the prevailing Telegraphers' Agreement, which we invoke in this case, provides:
"The following rules and rates of pay will govern the employment of telegraphers, telephone operators (except switchboard operators), agents, agent-telegraphers, agent-telqphoners, towermen, levermen, tower and train directors, block operators and staff men employed upon the line of these railways as shown in this schedule and are herein referred to as telegraphers."
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