PARTIES TO MPU-TE: °;



OR.T Claim 22-_2.7-22, that Telegrapher Cohen D. Smith was improperly and unwarrantedly dismissed from the Carrier's service on October 6, 1957 without sufficient cause; and that Telegrapher Smith shall now be returned to his former position and be paid for all time lost, less amount earned in any other service. FjPTWt~ CS AND OFIN$Dh:

 Gotten D. Smith was on duty on the third trick at the passenger station, Houston, "Texas, ·when Signal Maintainer 1. H. Copeland and Section Foreman appeared at his office about 2·!50 a.m. on October 6, 1957. Mr. Copeland entered the office. The Section Foremen remained outside at the ticket window. Copeland informed Smith that he wanted to use the dispatcher°s telephone to inform the Dispatcher that he and the Section Foreman 'had Just replaced broken angle bare to the rails a few miles away and had rsatored the signal system to normal at that point. Copeland had received a call about the signal failure end after finding the trouble took the Section Foreman with him to make ti;e repairs.

 Smith refused to allow ·:-opeland to use the telephone. He told Copeland to write out a message to report the matter and that he himself would transmit it. Copeland files! the requested message, addressed to his own superiors but not to the diepatcher. He then requested Smith to report the signal clearance to the Dispatcher do hio:.praaan:aa. .Ao that be could have personal knowledge that his duty to report promptly to the Dispatcher had been fulfilled. Smith refused to comply, but said he would report the matter to the Dispatcher later. Copeland told Smith he would go to another telephone at Eureka Tards (Houston) a few miles distance and report to the Dispatcher himself, in view of Smith's unwillingness to comply then and there. This he dial, with Smith presumably listening in.

 The Superintendent promptly notified Smith of his dismissal from the service at the end of his tour of distv at 7.00 a.m.,



An investigation was requested, and held in Waco on October 25, 1957. Both parties were adequately and properly represented.

 The ORT contends that Smith met the situation presented by Copeland in conformity with established rules-
 PARTIES TO DISPUTE-

 Under the

 RAILWAY 3: AB O R

 A C T

 uptc-i

 al isaard of Ad justment tdo,
 Rear£ngs April 9-.3b, 5958
 Dallas, `faxes

 .9~, ward No. 19
"1;.?E ORDER OF RAILROAD 'fET..E(RAEBERS

 'MISSOURI-XARSAS-TEXAS LINES

 t ORmT Claim 22-27-2L t-h t Telegrapher Cohen D. Smith was improperly and unwarrantsdly dismissed from the Carrier°s service an October 6, 1957 without suf ficient cause; end .hat Telegrapher Smith s"hall now be returned to his former position and be paid for a:!1 time lost, less amount earned in any other service.

 1!1D?iDiGS APT!) OPINION:
Cohen D. Smith was on. duty on the third trick at the passenger station, Houston, Texas, when signal ?,feintainer 1. :l. Copeland and Section Foreman appeared at his office aboKkt v^5ii A.m. on October b, 1,957. Mr. Copeland entered the office. The Section Fwremen remained outside at the ticket window. Copeland informed Smith that he wanted to use the dispatcher"s telephone to inform the Dispatcher that he and the Section Foreman 'had just replaced broken angle bars to the rails a few miles away and had restored the signal wvstem to ,normal at that point. Copeland had received a call about the signal failure and after finding the trouble took the Section Foreman with him to make tie repairs.

 Smith refused to allow Copeland to use the telephone. He told Copeland to write out a message to report the matter and that he himself would transmit it. Copeland fale4 the requested message,, addressed to his own superiors but not to the dispatcher. 'Se then requested Smith to report the signal clearance to the Dispatcher &a his,s:,lZrasaroacs, 4<r that he could have personal. knowledge that his duty to report prempty to the Dispatcher had been fulfilled, Smith refused to comply, but said he would report the matter to tire Dispatcher later. Copeland told Smith he would go to another telephone at Eureka Yards (Houston) a few miles distance and report to the Dispatcher himself, in view of smith°s unwillingness to comply then and there. This he did, with Smith presumably listening in.

 The Superintendent promptly notified Smith of his dismissal from the service at the end of his tour of auzy at ?»OO a.m.,

 ..._:.rnt failure to perform his duties in s faithful, intelligent, and courteous manner, and failure to cooperate with other employes in carrying out rules and instructions."

 An investigation was requested, "and held in Waco on October 25, 1957. Both parties ware adequately and prcperiy represented.

 :?.'he OR't' contends that Smith :net ?:he situation presented by Copeland in conformity with established rules.