THIRD DIVISION

(Supplemental)




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 Missouri-Kansas-Texas Railroad, that:

 1. The Carrier violated Rule 1(a) (Scope Rule), and Subsection (d) of the Telegraphers' Agreement when it permitted or required employes other than those covered by the Scope Rule of the Telegra~ phers' Agreement, and Subsection (d), to copy train orders and transmit messages on the dates and at the locations shown below.

 2. Carrier shall be required to pay the Claimant Telegraphers' named a day's pay at the minimum rate for Telegraphers, plus the regular rate, as iset forth in Subsection (d) of the Agreement, for each of said violations.
 Claimant
 Date Location Order No. Handled by Operator

 June 21, 1962 Moran, Kan. 114-115 Doyle A. W. Redding
 June 27, 1962 Ringer, Kan. 42 Baxley A/T Beagle, Kan.
 June 27, 1962 Moran, Kan. 115 Springer A. W. Redding
 June 30, 1962 Moran, Kan. 100 Harris A. W. Redding
 July 5, 1962 Moran, Kan. 121 Hubert A. W. Redding
 July 10, 1962 Angola, Kan. 123 Sage H. M. Edmondson
 July 10, 1962 Moran, Kan. 111-118 Springer A. W. Redding
 July 18, 1962 Glen Park Consist Mallot E. S. Bauman
 message
 July 26, 1962 Glen Park Consist Mallot E. S. Bauman
 message
 July 28, 1962 Mildred, Kan. 24 Hogan A /T Kincaid, Kan.
 July 28, 1962 Moran, Kan. 54 Hogan A. W. Redding
 Aug. 11, 1962 Moran, Kan. 92-93 Robison A. W. Redding
 Aug. 17, 1962 Angola, Kan. 123 Beard H. M. Edmondson
 Aug. 17, 1962 Moran, Kan. 155 Matney A. W. Redding
 Aug. 18, 1962 Mildred, Kan. 42 Springer A/ T Kincaid, Kan.
 Aug. 24, 1962 Parker, Kan. 64 Roscob W. R. Rymand
 Aug. 25, 1962 Moran, Kan. 113 Brown A. W. Redding
 Aug. 26, 1962 Hepler, Kan. 14 Snow J. H. Findley

Fifteen ( 15) of the alleged violations and claims involve the copying or receiving of train orders by member of train crew on telephone at Moran, Ringer Mildred, Parker and Angola, Kansas, where no agent or telegrapher is employed. The Claimants in these cases are the alleged Agent-telegraphers at Iola, Beagle, Kincaid, Centerville and Coffeyville, Kansas, where no train orders were copied or received by anyone. The rail mile distance between the points where the alleged violations occurred and the Claimants were allegedly

employed is as follows:
 Location Train
 Order Copied Claimant's Off ice Distance
 Moran Iola 13.2
 Ringer Beagle 8.1
 Mildred Kincaid 4.2
 Parker Centerville 8.4
 Angola Coffeyville 10.5

One of the alleged violations and claims involve the copying or receiving of two train orders on telephone by member of train crew at Helder, Kansas, on Sunday, August 26, 1962, one at 1:59 A. M. and the other at 2:05 A. M., where a telegrapher is employed but was off duty and not available or could not be promptly located for service claimed.


Two of the alleged violations and claims involve the telephoning of train consist by yard office employe at Glen Park, Kansas City, where both continuous joint telegraph service with the St. Louis-San Francisco Railway Company and the Kansas City Terminal Railway Company is and always has been maintained, and MKT telegraph service has been maintained periodically as needed only, to North Yard, Parsons, Kansas, at 3:00 A. M. July 18, 1962 and at 4:00 A. M. July 26, 1962.


Attached hereto and made a part hereof is copy of the correspondence exchanged by the parties in the handling of these alleged claims on the property, Carrier's Exhibit A.




OPINION OF BOARD: We dispose of this claim under authority of our decision in Award Number 14659. All claims are denied.


The two claims from the Glen Park location are covered by our decision in Award 14660. The claim of J. H. Findley is denied because Carrier has shown to our satisfaction it offered the call to Findley and he was unavailable.


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;


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








Dated at Chicago, Illinois, this 15th day of July 1966.

CARRIER MEMBERS' CONCURRING OPINION TO AWARD 14663

DOCKET TE-14377 (Referee Brown)


We concur with the Opinion in its entirety, and in connection with the two claims at Glen Park adopt the concurring remarks made in dissent to Award 14660, Docket TE-13371, Claim 11, Item 6.

                      C. H. Manoogian

                      R. A. DeRossett

                      H. K. Hagerman


Heenan Printing Co., Chicago, Ill. Printed in U.S.A.
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