STATEMENT OF CLAIM: Claim of the General Committee of the Order of Railroad Telegraphers on the Kansas City Terminal Railway Company that,
EMPLOYES' STATEMENT OF FACTS: There is an agreement, by and between the parties to this dispute, effective June 1, 1953; there is another agreement, dated at Chicago, Illinois August 21, 1954, between a group of Carriers and a group of Organizations, both parties to this dispute are parties to this Chicago Agreement, upon which the instant claim is primarily based.
of the position that may be propounded by the Organization in support of their claim the claim should be declined for the twofold reasons-the obvious and clear distinction in the types of employes and the limitation as to those to whom the rule's provisions apply.
It is hereby affirmed that all of the foregoing is, in substance, known by the Organization and is hereby made a part of this dispute.
Inasmuch as the claim is without support in the record or in the rules, the Carrier respectfully petitions your Board that it be denied.
OPINION OF BOARD: This claim is not different in any material respect from the claim in Award No. 8361, involving the same rules and parties. For the reasons stated in that award, the claim is denied.
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