NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Joseph S. Kane, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
GULF, MOBILE AND OHIO RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Gulf, Mobile and Ohio Railroad, that:
Carrier violated the Agreement between the parties when:
1. (a) On November 16, 1959 it required or permitted Agent
G. C. Lang at Mobile, Alabama to transmit and receive messages.
(b) Carrier shall compensate Telegrapher W. L. Adams in
the amount of a day's pay.
2. (a) On November 24, 1959 it required or permitted clerks
at Artesia, Mississippi and Okolona to transmit and receive messages.
(b) Carrier shall compensate Telegrapher J. A. Pilkinton in
the amount of a day's pay.
3. (a) On November 26, 1959 it required or permitted a clerk
at West Point, Mississippi to transmit a message.
(b) Carrier shall compensate W. J. Howell, Agent-Telegrapher West Point, Mississippi, in the amount of a holiday call, three
hours at time and one-half.
EMPLOYES' STATEMENT OF FACTS:
The Agreements between the
parties are available to your Board and are, by this reference, made a part
hereof.
The cases listed above in the Statement of Claim are violations of the
Scope Rule of the Agreement and are what may be generally termed communication violations other than train orders. Rules, in addition to the Scope
Rule, come into play to confirm the violations and to determine the amount
of reparation due because of the breach of contract; however, the Scope Rule
is the controlling rule and reads as follows:
(1117
12080-24
134
The claims as presented herein are totally without merit and should be
denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
This dispute is the same in all material respects
as in Award No. 11730. We adopt the opinion therein as determinative of the
issues in this dispute.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of January 1964.