THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees' Union on the Missouri Pacific Railroad (Gulf District), that:
EMPLOYES' STATEMENT OF FACTS: Cortableau Bayou, Louisiana, is located approximately 27 miles west of Baton Rouge, Louisiana, on the DeQuincy Division of the Missouri Pacific Railroad. There are no communication facilities maintained at this point other than a block telephone for use only in emergency. There is no question concerning an emergency on December 30, 1964, the date of the occurrence of the train report by Signalman T. Bryant to the Train Dispatcher in Houston that Extra West had passed Cortableau Bayou at 10:50 A. M.
The claim was made because of the train report by Signalman Bryant as well as the train lineup copied directly from Dispatcher M. F. Martin.
The claim was appealed to the highest officer and declined by him. The claim is now properly before your Board for final adjudication.
1. There is an agreement in effect between the Missouri Pacific Railroad Company and the Employes thereof on the Gulf District represented by the Transportation Communication Employees' Union, which became effective
The elements which constitute a train 'report' are missing in this dispute; in addition to the fact that no train or enginemen were involved, no time was given nor was the information used to further the movement of any train.
OPINION OF BOARD: On December 30, 1964, a Signalman at Cortableau Bayou, Louisiana, telephoned the dispatcher at Houston, Texas and asked for track and time authority to enter the track at Cortableau Bayou. The dispatcher asked if Train Extra West had passed the point where the signalman desired to enter the track. The signalman replied that such train had already passed that point. This, the Employes contend, was equivalent to an "OS" and constituted a violation of Rule 2(c) of the Agreement.
The facts in this case are similar to those in Award No. 15865 (Kenan). For the reasons therein stated, this claim 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