NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
MISSOURI PACIFIC RAILROAD COMPANY
GUY A. THOMPSON, Trustee
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri Pacific Railroad that:
EMPLOYES' STATEMENT OF FACTS: Prior to January 1, 1952, there were three tricks at DeSoto, Missouri, giving 24 hours service.
Effective January 1, 1952, one trick was abolished and hours of remaining tricks changed. First trick was assigned 8 A. M. to 4 P. M., second trick 7 P. M. to 3 A. M., thereby offering no service 4 P. M. to 7 P. M. and 3 A. M. to S A. M.
On January 2 and 3, 1952. about 7 A. M., Seetion Foreman and Signalman by use of an emergency telephone secured line-ups at DeSoto before first trick telegrapher Kistner came on duty; he was available and filed claim for two calls to cover these violations account persons outside of agreement securing line-ups, work which has always been performed by telegraphers at this station. Carrier declined to allow the claim.
POSITION OF EMPLOYES: Briefly, it is the position of the Employes that the Carrier violated the terms of the Agreement when, after declaring one telegrapher position abolished at DeSoto, Missouri, on January 1, 1952, it permitted or required Maintenance of Way Employes, and those in the signal department, to copy, by use of the emergency telephone, train line-ups on January 2 and 3, 1952, The line-ups were relayed direct to such employes through telegraphers at Bismarck, 33 miles to the south, and/or through telegraphers at Davis Street. St. Louis, approximately 33 miles to the north, immediately prior to the time the first shift telegrapher at DeSoto was assigned to begin his tour of duty.
It is the position of the Carrier that messages, including line-ups, whether of record or not may be handled as the line-up was handled in this case without infringing upon or violating the Telegraphers' Agreement because such work has never been contracted exclusively to that craft.
OPINION OF BOARD: The record in this case has been considered in conjunction with, and is in all respects substantially the same as that in, TE-6462 (Award 6607).
For the reasons stated in Award 6607 the same conclusion should follow here:
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
That the claim should be remanded to the property for further handling in accordance with the Opinion in Award 6607.
Claim remanded to the property for disposition in accordance with the foregoing Findings and Award 6607.