PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

(Formerly The Order of Railroad Telegraphers)




STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Gulf, Mobile and Ohio Railroad, that:





EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties, effective June 1, 1953, as amended and supplemented, is available to your Board and by this reference is made a part hereof.



Sparta, Illinois is a station on the Northern Division. On May 16, 1962, while the agent-operator was on duty at Sparta, Track Supervisor Lipe came in the telegraph office and, without permission, used the train dispatcher's telephone to transmit the following message to the train dispatcher at Murphysboro, Illinois:


Because of this use of the telephone, a claim was filed for compensation of two hours' overtime payment to H. E. Neilson, the agent-operator at Sparta, Illinois, in addition to compensation received for services rendered. A claim was also made for some unidentified telegrapher for eight hours' payment, in addition to compensation for services rendered. The claim alleges a violation of the scope rule of the current agreement. For ready reference, the scope rule of the agreement between the parties provides:


RULE 1

Scope




OPINION OF BOARD: The dispute herein involves the same parties and the same basic contentions by the parties as involved in Award 14482 and for the reasons stated in that award the claim herein is denied.


FINDINGS: The Third Division of the Adjustment Board, 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









Darted at Chicago, Illinois, this 2nd day of June 1966.
Keenan Printing Co., Chicago, Ill. Printed in U. S. A.
14486 4