CASE NO. 5 - ORT SUPPLEMENT NO, 2
SPECIAL BOARD OF ADJUSTMENT NO. 100
PARTIES ) The Order of Railroad Telegraphers
TO )
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM
:
1. Carrier violated Article 1 (Scope) and other rules of the Telegraphers'
Agreement when, at or about 5:30 A.M., February 19, 1956, it caused, required and
permitted Brakeman C, W. Allen, an employe not covered by the Telegraphers' Agreement and holding no rights thereunder, to receive, copy and handle a message at
Lewisville, Arkansas, which work is, by agreement, solely and exclusively reserved
to employes coming within the scope of the Telegraphers' Agreement.
2. In consequence of its violative action, Carrier shall be required to compensate R. H. Patrick, Clerk-Telegraphef, in accordance with the provisions of
Article 6-4 (Call Rule), who should have been called to perform the work of receiving, copying and handling the message i-h question.
FINDINGS
: The instructions given by the dispatcher to the trainman at Lewisville to
pick up cars was merely instructions for station work and not a communi
cation of record. The communication of record ordering the train to cancel instruc
tions to wait for the L&A connection at Stamps was properly handled by the telegra
pher at that point. The message received by the trainman here was not a communica
tion of record and was not violative of the Telegraphers' scope rule.
AWARD
: Claim denied.
/s/ Frank P. Douglass
Frank P. Douglass, Chairman
/s/ 0. C. Jones /s/ L. C. Albert
0. C, Jones, Employee Member L. C. Albert, Carrier Member
Dissenting,
Tyler, Texas
December 13, 1956.
12/17/56