NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Missouri Pacific Railroad, that:
1. Carrier violated the Agreement between the parties when it
required or permitted train service employes to perform work belonging to employes covered by the Telegraphers' Agreement.
2. Carrier shall now pay M. G. Ummel, Agent-Telegrapher,
Leoti, Kansas, one call, three hours at the pro rata rate of $2.175
per hour for September 8, 1957, for violation when B. L. Magill,
Conductor on Extra 567 West, "OS" 'ed his train to the Train
Dispatcher at Pueblo, Colorado while passing Leoti, Kansas.
3. Carrier shall now pay J. Barnett, Telegrapher, Eads,
Colorado, one call, three hours at the pro rata rate of $2.14 per
hour for September 29, 1957, for violation when member of the
train crew on No. 68, Engine 567 "OS"'ed his train as "By
Diston" and was given instructions from the Dispatcher to "Go
down main line to Horace."
4. Carrier shall now pay J. V. Davis, Agent-Telegrapher,
Brownell, Kansas, one call, three hours at the time and one-half
rate of $3.16 per hour for Sunday, October 6, 1957, for violation
when an employe not covered by the Telegraphers' Agreement on
Extra 564 West in charge of Conductor Shook "OS" 'ed his train
as being just west of McCracken, Kansas, at 4:20 P. M., by use of
the base radio station at Brownell, Kansas.
5. Carrier shall now pay J. Barnett, Telegrapher, Eads,
Colorado, one call, three hours at the pro rata rate of $2.14 per
hour for October 5, 1957, for violation when an employe not covered
by the Telegraphers' Agreement, Conductor Hyatt of Extra 576
West was required to "OS" his train and reported the train as "going
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by Hawkins now and figure to be at Haswell or Inman for No. 11."
The time this information being given was 4:49 A. b2.
6. Carrier shall now pay Evelyn Durrett, Agent, Sheridan
Lake, Colorado, one call, three hours at the pro rata rate of pay as
provided in "Note" under Rule 2 (c) of the Agreement and shall
adjust the rate of pay for the eight hours already paid for in
accordance with that rule, for October 23, 1957, for the violation
when employes not covered by the Agreement were required or permitted to report the location of train No. 81 Engine 514 in charge of
Conductor Murphy.
7. Carrier shall now pay J. V. Davis, Agent-Telegrapher,
Brownell, Kansas, one call, three hours at the rate of $2.105 per hour
for October 22, 1957, for violation when an employe not covered by
the Telegraphers' Agreement reported the location of train No. 81
Engine 567 in charge of Conductor Neal to train Dispatcher Otteson
at Pueblo, Colorado, at 2:13 A. M.
8. Carrier shall now pay E. G. Watts, Second Trick Telegrapher, Ends, Colorado, one call, three hours at the pro rata rate
of $2.105 per hour, for October 27, 1957, when an employe not
covered by the Agreement reported train Extra 591 East to the
Dispatcher at Pueblo, Colorado as going by Hawkins at 1:48 A. M.
9. Carrier shall now pay C. E. Johnson, Agent-Telegrapher,
Sugar City, Colorado, one call, three hours at the pro rata rate of
$2.235 per hour, for October 27, 1957, when an employe not covered
by the Agreement "OS" 'ed the departure of Extra 565 West
from Sugar City to the Train Dispatcher at Pueblo, Colorado, at
9:40 P. M.
10. Carrier shall now pay B. D. Woodley, Agent-Telegrapher,
Towner, Colorado, one call, three hours at the pro rata rate of
$2.10 per hour, for October 22, 1957, when an employe not covered
by the Agreement "OS" 'ed train No. 87 Engine 567 in charge of
Conductor Weber to the Train Dispatcher as going by Towner at
6:17 A. M.
11. Carrier shall now pay E. H, Strait, Agent-Telegrapher,
Haswell, Colorado, for one call, three hours at the pro rata rate of
$2.225 per hour, for November 5, 1957, when an employe not
covered by the Agreement "OS" 'ed train No. 81 Engine 587 to the
Dispatcher at Pueblo as arriving at Haswell at 7:15 A. M.
FINDINGS: The Third Division of
the Adjustment Board finds:
That the dispute was certified to
the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing was waived and under date of December 31, 1959, the
parties jointly addressed a formal communication to the Secretary of the
Third Division requesting withdrawal of this case, which request is hereby
granted.
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AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 11th day of January, 1960.