C:\AWARDS\OUT\SBA226-25.htm

PARTIES TO DISPUTE: of aRT CLAIM No. 6-22: Under the RAILWAY LABOR ACT Special Board of Adjustment No. 226 Hearings April 9-30, 1958 Dallas, Texas Award No. 25 TILE ORDER OF RAILROAD TELEGRAPHERS MISSOURI-KANSAS-TEXAS LINES Claim in behalf of Telegrapher S. S. Ellis that he was improperly dismissed from the service of the M-R-T Railroad on June 19, 1957; and that Mr. Ellis shall now be ordered reinstated and paid for all time lost less amount earned in any other service. FINDINGS AND OPINION:

J. S. Ellis, nearly 60 years of age, with 20 years seniority with the Carrier, was temporarily working first trick at the M-R-T and Missouri Pacific jointly operated cross over tower at Wagoner, Oklahoma, on June 5, 1957, with hours 8:00 a.m. to 4:00 p.m. (The second trick was his regular assignment,) At 3:05 p.m. on that date a train order was sent to him and the operator at South Coffeyville by the Missouri Pacific train dispatcher reading as follows: "Order No. 228 C & E No. 192 Wagoner No. !75 Eng MV 752 and No. !61 Eng 582 have right over No, 192 Eng 4283 South Coffeyville to Claremore and hold main track at Claremore and wait South Coffeyville until 440 PH Sageeyah 545 PM for No. 192. Made complete: 3:05 PM FM Ellis, Opr." For some reason, which constitutes the basis of his dismissal by the M-R-T, the train order which Ellis delivered to No. 192 did sot contain the following words and figures at the beginning o£ the order: '210. 175 Eng MV 752 and ". The omission was discovered when No. 192 reached Claremore. It was then corrected by the dispatcher. No delays or accidents resulted from the omission. An investigation was held at Muskogee, June 14, 1957. It was attended by both M-K-T and Missouri Pacific officers and witnesses. It was conducted by the Missouri Pacific trainmaster. Ellis testified that he had been having trouble recently when he would push the plug into the telephone sax boa. He testified that a loose or defective connection would cause a skip of a few words at a time. That such a defect did exist was confirmed by witnesses, including the Missouri Pacific train dispatcher, the M-K-T signal maintainer and two telegraphers. Under the R A I L W A Y L A B O R A C T Special Board of Adjustment No. 226 Hearings April 9-30, 1958 Dallas, Texas Award No. 25 PARTIES TO DISPUTE: THE ORDER OF RAILROAD TELEGRAPHERS OF OtT CLAIM N0. 6-i2: MISSOURI-RANSAS-TEXAS LINES Claim in behalf of Telegrapher J, S. Ellis that he was improperly dismissed from the service of the M-K-T Railroad on June 19, 1957; and that Mr. Ellis shall now be ordered reinstated and paid for all time lost less amount earned in any other service. PIPmINGS AND OPINION: J. S. Ellis, nearly 60 years of age, with 20 years seniority with the Carrier, was temporarily working first trick at the M-K-T and Missouri Pacific ,jointly operated cross over tower at Wagoner, Oklahoma, on June 5, 1957, with hours 8:00 a.m. to 4:00 p.m. (The second trick was his regular assignment.) At 3;05 p.m. on that date a train order was sent to him and the operator at South Coffeyville by the Missouri Pacific train dispatcher reading as follows; "Order No. 228 C & E No. 192 Wagoner No. 175 Eng MV 752 and No. 161 Eng 582 have right over No. 192 Eng 4283 South Coffeyville to Claremore and hold main track at Claremore and wait South Coffeyville until 440 PM Sageepah 545 PM for No. 192. Made complete: 3;05 PM FMG Ellis, Opr.'" for some reason, which constitutes the basis of his dismissal by the M-R-T, the train order which Ellis delivered to No. 192 did not contain the following words and figures at the beginning of the order: "No. 175 Hug MV 752 and ". The omission was discovered when No. 192 reached Claremore. It was then corrected by the dispatcher. No delays or accidents resulted from the omission. An investigation was held at Muskogee, June 14, 1957. It was attended by both M-K-T and Missouri Pacific officers and witnesses. It was conducted by the Missouri Pacific trainmaater. Ellis testified that he had been having trouble recently when he would push the plug into the telephone jax box. He testified that a loose or defective connection would cause a skip of a few wards at a time. That such a defeat did exist was confirmed by witnesses, including the Missouri Pacific train dispatcher, the M-R T signal maintainer and two telegraphers.