i r


!Jnder the

RAILWAY LABOR ACT


;Lecial Board of Adjustment No. :?26

Hearings !April 9-30. 1958

Dallas, ..Zex,aq




PARTIES TO DISP=: --



STATEMENT OF CLAIM.

 -. OR IaLK No. .'Y4-27- it on behalf of C. E. Painter, Granger, Texas for a "call (three hours` pro rata) for October 4., 1957, on which date carrier failed to utilize claimant, pursvant to Rule ' ("e;~, who was available, to deliver train orders at Granger which were addressed to :.rain Extra 708-C..

 FINDINGS AND ORISON:
Telegrapher Koy copied the train order in question and placed it in the staff. The head end picked up its order from she staff Onile Kov was still on duty. The rear end picked up its order fro the staff about ,'s0 minutes after Roy had gone off duty. Painter contends he should have been "called" under Rule l(e5 "to deliver" the order to the rear cud.

 We find that letters dated December 22, 1936 and August 2.3, 1,941, respectively, issued by Mr. f'. W. Grace, dice president and general Manager, direct that "train orders will not be pinned to registers, left in way-bill boxes, etc. to be picked up by train crewel' "teen the train orders could have been handled by the telegrapher delivering them directly to those addressed." These letters were issued after negotiations between the Carrier .and the CCU.

 The Carrier disputes that these :Lnstructions are still in effect. Inasmuch as we do not have information tending to prove whether the practice ordered by Mr. Grace is still in effect, we find that delivery at the staff when a telegrapher was not on duty violated the above agreement and practice prescribed. 'this finding, however. is limited to this case and is not intended to be a precedent for future cases of this kind.

 AWARD:



                    .R,ette, a'4issio,ri


/s/ W. I. Christopher ;"sI A. F. Winkel
 W. I. Christopher, Employee Member A k. Winkel, Carrier Member
 Deputy President, C>. R. "I. Asst. C:eneral Manager
 8860 Lindell Blvd- m.asouri-Kansas-Texas Lines
 St. Louis 8, Missouri Dallas, `:eras

 Dallas, Texas

 August 2, 1958