PARTIES TO DISPUTE:





STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacifta Lines in Texas and Louisiana (T&WO Railroad Company), that:

1. The Carrier violated an Agreement between the parties hereto when it permitted or required employes not covered by said Agreement to handle (receive, copy and deliver), train orders at the station locations and on the dates hereinafter set forth:

Claim Train Order
No. Station Date No. Addressed To
1. Moteta, Texas July 1, 61 151 Extra 457 East
2. Comstock, Texas Aug. 21, 61 164 Extra 435 West
8. Devils River, Tex. Oct. 7, 61 174 Extra SSW 959 East
4. Malvado, Texas Nov. 6, 61 172 Extra 417 West
(care of Conductor
Casey)
5. Shaw, Texas Nov. 6, 61 165 No. 250
6. Mofeta, Texas Nov. 6, 61 170 Extra 421 East
7. Shaw, Texas Nov. 7, 61 195 First 246
8. Malvado, Texas Nov. 13, 61 183 No. 246
9. Shaw, Texas Dec. 10, 61 176 Extra 625 East
10. Pumpviile, Texas Dec. 19, 61 173 Extra 360 East
11. Devils River, Tex. Dec. 30, 61 172 Extra 437 East
12. Pumpville, Texas Dec. 30, 61 152 Extra 437 East
13. Comstock, Texas Jan. 19, 62 167 Extra 453 West
14651
13498-2 466

2. The Carrier shall, because of the violations set out in Part 1 hereof, compensate the following named employes, idle on their respective rest days, a day's pay, eight (8) hours, at the time and one-half rate:









EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the parties hereto effective December 1, 1946, and as amended.


There are, as the Statement of Claim indicates, 13 disputes involving the handling of train orders by employes outside the scope of the parties' Agreement. Each claim was handled separately on the property. However, since all of the claims have common aspects, viz., the subject matter of the violations, locations, and rules, the Employes have as a means of eliminating repetitious argument and handling, and in the interest of brevity, incorporated all of these disputes into this submission.




The station locations involved in this appeal are on Carrier's Del Rio Subdivision. For your Board's ready reference, we attach hereto and make a part hereof ORT Exhibit A, which is page 4 of Carrier's Timetable No. 1 of the Del Rio Subdivision. It may be noted that this Timetable schedule shows First, Second, Third and Fourth Class trains. Extra trains, i.e., trains not authorized by Timetable schedule are operated by train orders. All except three (3) of the train orders handled (received, copied and delivered) by employes outside the scope of the parties' Agreement was in connection with the operation of extra trains.


It may be also noted from the Timetable that Sanderson, Texas, is located at Milepost 607, whereas Del Rio, Texas, is located at Milepost 878.6. The distance between the two stations being 128.4 miles.


At page 8 of the Supplemental Wage Scale (Rule 37 of the current Agreement) are listed the positions on the Del Rio Subdivision (San Antonio Division Seniority District). For your ready reference, we hereinafter reproduce the position listings Del Rio to and including Sanderson:

13498--49 513










For the reasons stated above, this case is entirely devoid of merit or validity, and should be denied.

OPINION OF BOARD: The issues, parties and Agreement involved in this Claim are the same as in Award No. 18491. For the reasons stated in that Award, we will deny this Claim.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respeoLively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1984;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That Carrier did not violate the Agreement.











Dated at Chicago, Illinois, this 27th day of April 1965.