NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

David H. Brown, Referee

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

(Formerly The Order of Railroad Telegraphers)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

1. The Carrier violated the Agreement between the parties in each instance set forth below when it permitted and/or required employes not covered by said Agreement to handle the following train orders (and one message) when no emergency existed:

CLAIM NO. 136: ITEMS 1 TO 6, INCLUSIVE

Order Train

Station Date No. No. Time Claimant

ITEMS 7 TO 17, INCLUSIVE

CLAIM NO. 137: ITEMS 1 TO 7, INCLUSIVE

Order Train

Station Date No. No. Time Claimant

CLAIM NO. 138

Chetopa, Kansas 11-4-61 17 X76C 1:29 AM L. T. Beverly

CLAIM NO. 142: ITEMS 1 TO 5, INCLUSIVE

ITEMS 6 TO 9, INCLUSIVE

ITEMS 10 TO 14, INCLUSIVE

CLAIM NO. 144: ITEMS 1 TO 9, INCLUSIVE

Order Train

Station Date No. No. Time Claimant

CLAIM NO. 147: ITEMS 1 TO 8, INCLUSIVE

2. As a consequence of said violations the Carrier shall now be required to compensate each named claimant a day's pay at the minimum rate per day for telegraphers as set forth in the Agreement, for each instance that train orders (or messages) were so handled at each of the points specified.

"RULE 1. EMPLOYES INCLUDED

(a) These rules and working conditions will apply to Agents, Freight Agents, or Ticket Agents, Agent-Telegraphers, Agent-Telephoners, Relief Agents, Assistant Agents, where they have charge of station, take the place of or perform the work of an Agent, Telegrapher, Telephone Operators (except Switchboard Operators), Towermen, Levermen, Tower and Train Director, Block Operators, Staffmen, Operators of mechanical telegraph machines, used for receiving and transmitting messages, Manager Wire Chiefs, Wire Chief Telegraphers, and Car Distributors where the position requires knowledge of the duties of a telegrapher or the handling of messages by telephone (synonymous terms), all of whom are hereafter referred to as employes.

Claimant in Claim No. 142, Item 11, made claim for and was allowed a call as provided in Rule 1 (e), and the alleged claim for payment of one day under Rule 1 (d) is void and moot.

One (1) alleged violation, Claim No. 142, Item 12, Oklahoma City, Oklahoma, involved transmitting a diversion message by employes from Oklahoma City, Oklahoma to Parsons, Kansas, 2:25 P. M., December 21, 1961. Petitioner made claim for payment of one day at minimum rate per day for telegraphers under Rule 1 (d) which was allowed and this alleged claim is moot.

Attached hereto and made a part hereof is copy of correspondence exchanged by the parties in handling the eight (8) separate claims involved on the property, Carrier's Exhibit A, Parts 1 to 8, inclusive.

(Exhibits not reproduced.)

OPINION OF BOARD: Reference is made to Award 14659 for the basis of our decision herein.

Claims which might be paid under such decision but are denied for other reasons are as follows: Claim No. 142, Item 3 is denied because evidence shows an effort was made to locate Claimant without success on the occasion in question. Claim 142, Item 4 is denied because evidence shows Claimant was given, and declined, an opportunity to present a time claim for the violation. Item 13 is denied because the record shows Claimant Meador said he was not available for call.

Under Claim 142, Item 5 and Item 11 are sustained for a call. Item 12 is sustained for one day's pay. Carrier says these have been paid. If so, they need be paid only once.

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 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 violated only to the extent reflected in our Opinion.

AWARD