NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Kieran P. O'Gallagher, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Southern Railway, that:
1. Carrier violated Rule 1, Scope, of the Telegraphers' Agreement when on March 16, 1957, it caused, required or permitted Mr.
Rish, a train service employe not covered by the Telegraphers'
Agreement, to communicate by telephone with the dispatcher and
handle (receive, copy and deliver) Train Order No. 525 at Johns,
South Carolina.
2. Carrier shall compensate J. W. Smith, senior idle extra employe, Telegraphers' seniority district, Columbia Division, by paying
him one day (8 hours) at the rate of $2.0750 per hour (minimum pro
rata Telegraphers (Telephoners) rate on such seniority district)
for the violation aforesaid.
EMPLOYES' STATEMENT OF FACTS: On March 16, 1957 at 10:39
A. M., Conductor Rish of Extra 2047 East, communicated by telephone direct
with the dispatcher, who in turn sent the following train order to Conductor
Rish, and Conductor Rish copied said train order at Johns, South Carolina:
FORM FORM
19 TRAIN ORDER N0. 525 19
March 16, 1957
Johns, S. C.
To C&E Extra 2047 East
No. 51 fifty one eng. 6235 wait at Fant until 1110 eleven ten A M
for Extra 2047 East.
/s/ G.R.S.
Made Complete 10:39 A M Conductor Rish, Operator
[4821
12166-13
494
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
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 29th day of January 1964.