Joseph E. Cole, Referee


        (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes ( (Formerly Transportation-Communication Employees Union) PARTIES TO DISPUTE: (The Kansas City Southern Railway Company


        STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com

        munication Employees Union on The Kansas City Southern Rail

        way Company - Louisiana & Arkansas Railway Company, that:


                    CLAIM N0. 1


        1. Carrier violated the terms of the Telegraphers' Agreement when on September 14, 1967 it required or permitted employees not covered therein to transmit communication of record.


        2. Carrier shall compensate CTC Telegrapher C. A. Lewis, Jr., for one call of three hours at the rate of $3.1319 per hour due to order in item three performed in violation of Telegraphers' Agreement.


        3. Following order given by Chief Dispatcher Mr. L. M. Hough to Conductor L. W. Nash via micro-w between Deramus Yard and Mansfield. Give Fisher 5 racks and rest to Florien." This violation at 9:45 A.M. September 14, 1967.


                    CLAIM N0. 2


        1. Carrier violated the terms of the Telegraphers' Agreement when, on September 14, 1967 at 12:57 P.M., it required or permitted employees not covered therein to transmit communication of record.


        2. Carrier shall compensate C. A. Lewis, Jr., CTC Telegrapher at Deramus Yard, for one call of 3 hours at the rate of $3.1319 per hour due to order in item three performed in violation of Telegraphers' Agreement.


        3. Following order given by Trick Dispatcher T. A. Tucker to Engineer H. F. Herrell on No. 15 outbound Shreveport. "Pick up one GP 30 Engine at Leesville." This occurrenc


                    CLAIM N0. 3


        1. Carrier violated the terms of the Telegraphers' Agreement when on September 28, 1967, it required or permitted employees not covered therein to transmit a communication of record.


i
                  Award Number 19389 Page 2

                  Docket Number TE-18152


2. Carrier shall compensate CTC Telegrapher K. L. Prothro of Deramus Yard Office for one call of three hours at the rate of $3.1319 per hour due to order in item 3 performed in violation of Telegraphers' Agreement.

 3. Following order given by Chief Dispatcher Mr. L. M. Hough to Conductor T. E. Minx on Work Ext "Hello Tom Minx, it will not be necessary to go into Brian today." "Okay Mr. Hough," replied Conductor Minx. This occurrence at 11:50 A.M. -

              CLAIM N0. 4


1. Carrier violated the terms of the Telegraphers' Agreement when on September 28, 1967, it required or permitted employees not covered therein to handle communication of record.

 2. Carrier shall compensate Telegrapher J. L. Craig of Dequeen, Arkansas for one call of three h three order performed in violation of Telegraphers' Agreement.

 3. Following order given to Agent J. M. Whisenhunt, Dequeen, Arkanbas by Chief Dispatcher Mr. L. M. Hough who told him to make the following note am have Telegrapher J. L. Craig make message reading "C&E No. 41 at Dequeen: Fi' to 225 cars if necessary to clean out Ashdown. 852 am."

              CLAIM N0. 5


1. Carrier violated the terms of the Telegraphers' Agreement when on October 4, 1967, it required or permitted employees not covered therein to handle communication of record.

 2. Carrier shall compensate CTC Telegrapher C. A. Lewis, Jr., of Deramus Yard Office for one call of three hours at the rate of $3.1319 per hour due to order in item three performed in violation of Telegraphers' Agreement.

 3. Following order given by Chief Dispatcher, Mr. L. M. Hough, to Conductor A. R. Norwood on Extra 609 North at Deramus Yard via micro-wave radio, "Set out the Ashdown cars where handy and spot them up in A.M. as come south." This occurrence at 12:50 P.M.

              CLAIM N0. 6


1. Carrier violated the terms of the Telegraphers' Agreement when on October 17, 1967, it required or permitted employees not covered therein to handle communication of record.

 2. Carrier shall compensate CTC Telegrapher C. A. Lewis, Jr., of Deramus Yard Office for one call of 3 hours at the rate of $3.1319 per hour di to order in item three performed in violation of the Telegraphers' Agreement.
                  Award Number 19389 Page 3

                  Docket Number TE-18152


3. Following order given by Chief Dispatcher Mr. L. M. Hough to Yardmaster H. J. Vaughn via micr violation at 8:35 A.M.

 Carrier File: 0.13-134 (1). Committee File KC-107

              CLAIM N0. 7


1. Carrier violated the terms of the Telegraphers' Agreement when on December 20, 1967 it required or permitted employees not covered therein to transmit a communication of record.

 2. Carrier shall compensate C. A. Lewis, Jr., for one call of three hours at the rate of $3.1319 per hour due to transmission of order quoted in item 3 of this claim.

 3. Following order given by Chief Dispatcher Mr. L. M. Hough to Conductor Crager of Extra 72 Sou any wood racks to Leesville. Leave stored on line somewhere. Too many cars at Leesville."

 Carrier File: 013.35-134 (3). Committee File KC-123.

              OPINION OF BOARD: 1. According to the record, the subject communications were not made a matter of record by the railroad.


2. The messages in this matter are not Train Orders as contemplated by 1-3 of the Agreement.

        3. Train orders of record are the exclusive province to the Telegrapher


4. The current complaints are not the exclusive province of the telegraphers.

 5. It becomes apparent in the record that the messages listed in this complaint had nothing to do with the safety of the operation of the railroad. They were messages that conveyed immediate information, and in some cases, called for return information. If they had not been sent, or had not been received, it is shown in the record that there would have been, at most, irritation, and some inefficiency, but no danger to the operation of the railroad.

 6. These conversations are not the exclusive property of the Telegrapher as they are not train orders of record, nor do they have to be, but are conversations that were used with the movements of trains.
                  Award Number 19389 Page 4

                  Docket Numbcr TE-18152


        rINDINGS: The Third Division of the Adjust;-_nt 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 fr.~ployes within the ceaning 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 has not been violated.

        A W A R D claims denied.


                            N.A7IONAL RAILROAD ADJUSTMENT BOARD

                            3y Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 15th day of September 1972.

RECEIVED
 SEP 21 1972

 H. G. HARDER

    CONCURRING OPINION OF CARRIER MEMBERS, AWARD 19389, DOCKET TE-18152


                  (Referee Cole)


This award is correct in holding that the communications involved in this claim were not train orders and were not work to which claimants had exclusive rights. However, the finding in the 2ward that "Train orders of record are the exclusive province to the Telegrapher" rcquires qualification. This statement must be within the purview of Rule 1-3 as interpreted by the parties. See our Award 17230 (Dugan) which involved these same parties and agreement.

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