NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Railway System, that:
EMPLOYES' STATEMENT OF FACTS: At Rader, Tennessee, until the installation of the automatic block signals, this Carrier maintained a 24-hour train order office. The positions around-the-clock during these years were filled from the telegraphers' ranks. The occupants of the positions performed all the communication work in the handling of messages, orders and reports of record, as well as the station work at the station, during their assigned hours.
On the 2nd of December, 1956, Train No. 45 arrived at Rader, Tennessee and conductor Beeler made contact with the train dispatcher by use of the telephone. The train dispatcher immediately dictated Train Order No. 599, which read as follows:
The Board, being without authority under the law to establish a makework scheme or grant new rules or modify existing rules such as here demanded by the ORT, has no alternative but to hold that the effective Telegraphers' Agreement was not violated and make a denial award.
OPINION OF BOARD: This case is the same in all material respects as in Docket No. TE-9988, Award No. 12150. We adopt the opinion therein as determinative of the issues in this case.
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