NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22886
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8791)
that:
1. Carrier violated the terms of the agreement between the parties
when on February 12, 1978, it required telegrapher Gilbert at York, Alabama
to relay via radio Train Order No. 218 to Engineer Hitt on Extra 634 North
at Boligee, Alabama, at approximately 5:40 a. m.
2. Carrier violated the agreement between the parties when it
required operator Gilbert at York, Alabama, to relay via radio Train Order
No. 219 to Conductor Harris on Extra 418 North at Boligee, Alabama, at
approximately 5:45 a.m., on February 12, 1978.
3. Account violation of Article I and Agreement No. 3 effective
August 10, 1977, of the Telegraphers' Schedule, Carrier shall now be required
to allow Mr. B. C. Thompson an additional two-hour call at the rate of his
regular
assigned position
on February 12, 1978.
OPINION OF BOARD; This dispute centers around the issue of whether the
train in question was located on the same subdivision
as the telegrapher who relayed the train order at the time the message was
transmitted from York to Boligee.
It is clear from the record that the Mobile and Columbus Subdivisions com7erge at York. It is fu
assigned the Southern Railway trackage over which the Carrier operates
from York to Boligee to the Columbus Subdivision. That being the case,
the Carrier acted properly and in compliance with the agreement when it
used the telegrapher at York to relay the train order to the crew at Boligee.
Award Number 22982 Page 2
Docket Number CL-22886
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1980.