Dallas. Texas


Award No. 13 PARTIES TO DISPUTE:

                THE ORDER OF RAILROAD TELEGRAPHERS


MISSOURI-KANSAS-TEXAS LINES STATEMENT OF CLAIM:

 Group 2 ORT Claim No. 30-27-22 in behalf of C. W. Withers, Temple, Texas, for 8 hours' pay at the minimum rate for Telegraphers account Conductor Callahan on Extra 1554 South using the telephone at Temple, Texas on November 14, 1957, at 9:05 a.m. in violation of Rule 1 (a) and 1 (d) to contact the Chief Dispatcher to report that Engine 1554 was not working properly, would need repairs, to send a maintainer from Bellmead to make the repairs or would need another engine.

 EINDINCB :

 Rule 1 (d) provides that, if "station or other employes at closed offices" are "used in emergency" " ....to handle train orders, block or report trains, receive or
 forward messages by telephone " The pay for the Agent or Telegrapher "at that
 office" shall be the minimum rate per day for telegraphers.

 The submissions by the ORT and the Carrier both fail to disclose %n direct and positive terms that Temple was a "closed office" at 9:05 a.m. on November 14, 1957. A fair inference from their submissions is that it was a "closed office" at that time and date.

 The report Conductor Callahan made to the Chief Dispatcher about the failure of Engine 1554, and that it needed repairs at Temple or another engine to handle the train, constituted an emergency report. The train was surely in as great need as if had been "calling" for train order assistance under Rule 1 (e). We find therefore that the communications between Conductor Callahan and the Chief Dispatcher are within the purview of Rule 1 (d).

 AWARD :

    Claim sustained.


                      ,~s, Daniel C. Rollers

                      Daniel C. Rogers, Chairman

                      Fayette, Missouri


Is/ W. L. ChristoQher Is/ A. F, Winkel
 .Ws. Christopher, Employee Member A. F. Winkel, Carrier Member
 Deputy President, 0. R. T. Ass't. General Manager
 3860 Lindell Blvd. Missouri-Kansas-Texas Lines
 St. Louis 8, Missouri Dallas, Texas

 Dallas, Texas

 August 1, 1958