CHICAGO, INDIANAPOLIS & LOUISVILLE
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Indianapolis and Louisville Railway Company, that agent-telegrapher B- Tharpe, employed at Wallace Junction, Indiana, be paid for a call on each of the dates November 29, December 1, 2, 3, 4, 5, and 6, 1947, and for a call on each day since, when the Carrier required or permitted employes not covered by the Telegraphers' Agreement to secure line-ups at Wallace Junction by means of the telephone from other points at times when no telegrapher was on duty at Wallace Junction.
EMPLOYES' STATEMENT OF FACTS: An agreement bearing effective date of July 1, 1929, is in effect between the parties to this dispute.
In the wage scale of this agreement, at page 19, the following positions are listed:
A number of changes have since been made in these positions, and at the time the present claim arose only two telegraphers were employed at Wallace Junction, as follows:
2nd trick telegrapher -___7:00 P. M. to 3:00 A. M. daily ex Sunday. Thus, the office at Wallace Junction is closed, and no tedegrapher on duty there between the hours of 3:00 A. M. and 9:00 A. M., and between the hours of 5:00 P. M. and 7:00 P. M. daily.
At, or about, 7:00 A. M. on each of the dates mentioned in the Statement of Claim the Carrier required or permitted section foremen and/or section laborers, employes not covered by the Telegraphers' Agreement, to enter the telegraph office at Wallace Junction and there perform the work of copying communications of record-line-ups-by means of the telephone from the agent-telegrapher at Gosport, Indiana, and/or other points. Said employes not covered by the Telegraphers' Agreement were furnished a key to the telegraph office at Wallace Junction.
Chief Dispatcher, as in the case of a train order. The information given does not supersede nor confer any right. No train receives the information, in fact, so far as the operation of trains is concerned, the information furnished the motor car operators might never exist.
OPINION OF BOARD: By this Claim the Petitioner asks that the agenttelegrapher at Wallace Junction, Indiana, be rompensated for calls for certain specified days and subsequently on aecount ~f the fact that a section foreman and other employes not covered by the Telegraphers' Agreement used the telephone for the purpose of obtaining and copying train line-ups.
As to all controlling points this Claim involvec the same auestions that were considered in connection with Award No. 4265, and on the authority of that Award the Claim must be denied.
FINDINGS: The Third Division of the Adjustment Board, after givin~ the parties to this dispute due notice of hearing thereon, and unon 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