SOL'TIIERN PACIFIC COMPANY
(Texas and Louisiana Lines)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific Lines in Texas and Louisiana (Texas and New Orleans Railroad Company), that:
1. The Carrier violated the Agreement between the parties when it required or permitted an employe not covered thereunder to handle a train order at Appleby, Texas, on December 31, 1960.
2. Carrier shall now be required to compensate Agent-Telegrapher A. R. Cornelius a day's pay at time and one-half rate.
EMPLOYES' STA'T`EMENT OF FACTS: The circumstances giving rise to this claim occurred on Saturday, December 31, 1960. All train order offices between terminals on the district involved (Shreveport Subdivision) were closed on this date, notwithstanding that Carrier operated trains between Lufkin, Texas and Shreveport, Louisiana, said stations being 114.5 miles apart.
Two of such trains were No. 217 West and No. 218 East, both local trains, and each having station work to perform at all enroute stations.
When No. 217 East failed to show up at the time and point designated in the train order under which operating, the conductor of said train telephoned the train dispatcher from Appleby, Texas and was informed that No. 218 had also encountered delay, whereupon the train dispatcher issued Train Order No. 64, which was handled (received, copied, repeated and delivered) by the conductor.
Train Order No. 64 superseded the previous order governing the movement of Train No. 217-East, fixed a new meet at Nacogdoches, which is 1ocated 9.2 miles from Appleby in the train's travel direction, and said order, No. 64, authorized Train No. 217-East to proceed to Nacogdoches, and said order was duly executed.