THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY
COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Order of Railroad Telegraphers, Chicago, Rock Island & Pacific Railway, that Telegrapher C. E. Cotner, train order No. 347, was sent from El Reno in care of the crew of Extra 1954, and the yard engine at Enid for delivery to the crew of the switch engine at Enid to avoid payment of overtime to Telegrapher Cotner.
EMPLOYES' STATEMENT OF FACTS: There is an agreement bearing date of January 1, 1928, governing rules of working conditions and rates of pay in effect between the parties to this dispute, copies of which have been furnished to the members of this Board.
Enid, Oklahoma, is a station on the main line of the Oklahoma Division between Caldwell, Kansas, and El Reno, Oklahoma, and a terminal of the Ponca City Branch, Subdivision 45-A. Prior to February 11, 1939, there were employed three telegraph shifts providing twenty-four hours train order and telegraph service. Effective February 12, 1939 one telegraph shift was abolished and the hours of the two remaining shifts were changed, first shift 9:30 A.M. to 5:30 P:M.; second shift 9:15 P.M. to 5:15 A.M.; the office being closed 5:15 A.M. to 9:30 A.M., and 5:30 P.M. to 9:15 P.M. These assignments continued to and including June 12 1939, at which time twentyfour hour continuous service was again restored and continued until July 17, 1939, when the third shift was again discontinued and the hours of the two remaining tricks were re-arranged as previously. Again on June 18 1940, continuous service was restored and continued until July 14, 1940, when the service was reduced the third time and the hours of the remaining two shifts were made 9:15 A.M. to 5:15 P.M. and 8:00 P.M. to 4:00 A.M. These assignments continued in effect until June 10, 1941, when the twenty-four hour service was again re-established and has continued since that date.
During the periods when only two shifts were employed train orders addressed to trains at Enid, at a time no telegraph service was provided, were sent from other stations in care of the crews of one train with instructions to deliver the orders to the crews of another train to which they were addressed at Enid.
On March 2, 1941 train order number 347, together with accompanying clearance card, was transmitted by the dispatcher to the telegrapher at El Reno yard, an office where three consecutive shifts were employed, ad-
which the employes on page 3 of their letter April 14, 1945 (Dockets TE-2932 to 2936), say "cannot be supported by facts nor any competent evidence."
We ask your Board to deny this claim, first on the basis that the employes cannot expect to be heard in a claim which they have failed to prosecute after withdrawal from your Board, in a period of four years, and, second, we ask that on the merits of the case your Board reconsider the decision made in your Awards 2926 to 2930, inclusive, taking cognizance of the very clear record in those cases which shows an undisputed recognized application of the rules in the Rock Island telegraphers' schedule for a period of more than forty years and find that the carrier's actions are in harmony with the rules.
OPINION OF BOARD: See Opinion in Docket TE-3549, Award 3611. 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
These four disputes are sustained on the grounds that the issues have been decided adversely to the carrier in Awards 2926, 2927, 2928, 2929, and 2930, involving these same parties. Dissents were filed to these awards as follows:
same as Article XIII, there involved." and are equally applicable to the awards here involved.