STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on Southern Pacific Lines in Texas and Louisiana (Texas & New Orleans Railroad Company):
(1) That the carrier acting in a capricious and arbitrary manner, violated Rules 1, 2 (A and B), 3, 7, 14 (G), 17 and 23 of the current Telegraphers' Agreement, when effective December 19, 1947, it unfairly discharged Miss Juanita E. Cortines from the service in a discriminatory manner; took reprisal action against her; allegedly closed the train order office at Orange, Texas; delegated the duties of handling train orders to employes not embraced within the scope of the Telegraphers' Agreement, and refuses to pay claimant for time lost December 27, 1947 to January 22, 1948 inclusive.
(2) That the claimant, Miss Juanita E. Cortines, named in the Employes' Statement of Facts, who was arbitrarily deprived of her usual employment and wages during the time mentioned above, shall be reimbursed for all losses sustained as a result of the improper acts of the Carrier.
OPINION OF BOARD: The claim in this dispute involves discipline on the one hand and alleged violation of the Agreement in the manner of handling train orders. The questions as submitted are inseparable. The Board does not feel that a proper decision can be made disposing of both questions under the wording of the claim.
the discipline administered and remands the question concerning the handling of train orders to the parties for disposition.
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
That the claim, so far as it relates to discipline, will be denied and the question concerning the manner of handling train orders will be remanded.