NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Ross Hutchins, 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 the Agreement, when on the 20th day of
December, 1959, it caused, required or permitted R. Payne, a train
service employe, not covered by the Telegraphers' Agreement, to
handle (receive, copy or deliver) Train Order No. 90 at Clinton, Tennessee, to be delivered to Engine 4186 at Blair, Tennessee, a station approximately 20 miles west of Clinton. Agent-Telegrapher
Miller was ready and available to perform this work, but was not
called.
2. Carrier shall compensate E. L. Miller, Agent-Telegrapher,
Blair, Tennessee, for one call under Rule 10, at the rate of one and
one-half times the pro rata rate of $2.47. Total $9.88.
EMPLOYES' STATEMENT OF
FACTS: The following diagram is given
to show the general area of the occurrence of this violation:
418
4150
(John Sevier)
earrlman
Jet.
Blair
Ctincon Knoxville
51.3 41.5 20.9 0.0
2278
'Blair, Tennessee, as shown above, is 41.6 miles west of Knoxville, which
includes John Sevier Yard. Claimant E. L. Miller was the agent-telegrapher
[8387
13342--11
848
Carrier has shown that no work of handling orders, belong to operators
under Rule 31, was performed at Blair on the night in question, that such
work was performed by the operator on duty at Clinton, and that there was
no violation of the agreement. For the reasons set forth herein, carrier
respectfully requests that the claim be denied.
(Exhibits not reproduced.)
OPINION OF BOARD: Train Extra 4150-4186 West was called to make a
trip from John Sevier, Tennessee, to Blair, Tennessee, and return to John
Sevier. Upon arrival of Extra 4150 at Clinton, Train Order 90 was delivered
to a member of Train Extra 4150.
Train Order No. 86 is as follows:
"FORM 19 Train Order No. 86 December 20, 1959 FORM 19
To: C&E Eng. 4186 at Blair At: Clinton
c/o Extra 4150 West
After Extra 4150 West arrives at Blair, Engine 4186 run extra
Blair to Clinton. No. 51 fifty one is by Blair.
W 0 C
Made: Complete Time: 8:06 P. M. Jayne -Opr."
Train Order No. 90 is as follows:
"FORM 19 Train Order No. 90 December 20, 1959 FORM 19
To: C&E Extra 4186 East at Blair At: Clinton
c/o Extra 4150 West
No. 27 twenty seven and No. 153 one fifty three wait at East
Siding until 1059 ten fifty nine P. M., Laurel until 11:15 eleven fifteen P. M. for 2 two Extras 4186 and 2278 East.
WOC
Made: Complete Time: 8:36 P. M. Jayne -Opr."
Note that 4186 and 4150 are coupled in the same train. This order is
directed to the same crew, with the same A units and on a continuous run.
There is no real difference between the run of this train on a turn around
and a straight line run.
Where the same crew continuously operates the same power units there
is no "handling" of train orders where only the train's designation changes
because of reversing directions. See Awards 4819 and 10418 of the Third
Division.
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:
13342-12
849
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 has not been violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of February 1965.