STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Gulf, Mobile & Ohio Railroad, that:
1. Carrier violated the Agreement between the parties when on Saturday, March 4, 1961, at 2:50 P.M., it required or permitted an employe not covered by the Agreement to transmit a communication of record from Waynesboro, Mississippi.
2. Because of this violation, Carrier shall compensate Agent-Telegrapher A. L. Smith of Waynesboro, Mississippi, in the amount of a call.
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties, effective June 1, 1953, as supplemented and amended, is available to your Board and by this reference is made a part hereof.
There is one position covered by the Agreement at Waynesboro, Mississippi, classified as Agent-Telegrapher, assigned to work Monday through Friday, with rest days of Saturday and Sunday. The incumbent of the position is A. L. Smith. Also at Waynesboro, Carrier employs one Clerical employe. 'The incumbent of that position is a Mr. Slaughter.
On Saturday, March 4, 1961, a day Claimant Smith was observing one of his rest days, Clerk Slaughter, transmitted by telephone, the following message from Waynesboro to the Telegrapher at Meridian, Mississippi, to be relayed by him to Tuscaloosa, Alabama.
"B.H.P." is the Chief Dispatcher at Tusacloosa. As shown above, "Slaughter" is the Clerk at Waynesboro.