. ~ _, ~,
,3
AWARD N0. 37
E IG~ ! .`· C`a>!3
ifs
CASE N0. 96
ORT FILE: BU-5551-22
BEFORE THE
~.,. SPECIAL BOARD OF ADJUSTMENT N0. 226
THE ORDER OF RAILROAD TELEGRAPHERS )
VS. )
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY)
MISSOURI-KANSAS-TEXAS R.R.CO. OF TEXAS)
STATEMENT OF CLAIM;
1. Claim of the General Committee of The.Order of Railroad Telegraphers on the Missouri-Kansas-Texas Lines that the carrier
violated the Agreement when it permitted or required Assistant
Superintendent Nigh to copy a train order for Extra 202A at
Pit 985, LaGrange, Texas, September 4, 1959.
2. Carrier shall now be required to compensate Agent-Operator
M. F. Dickerson for a call because of said violation.
FINDINGS:
The record, as supplied by the ORT, indicates that Mr. M. F. Dickerson,
Agent-Telegrapher, at LaGrange, Texas, handles "all shipments and the work relating
thereto" at Pit 985, including "bills of lading and way-bills...and all business"
for as many as 50 loaded cars on some days. LaGrange rates are quoted and applied
on all gravel billed from the pit. The ORT brief also states that "the delivery of
the freight bills are made at the station to the customers." This indicates that
the Agent-Telegrapher at LaGrange also handles incoming shipments to Pit 985. Pit
985 is 3 miles from LaGrange.
The ORT contends that the train order copied by Mr. Nigh at Pit 985
at 10:53 p.m. on September 4, 1959, when Mr. Dickerson was not on duty at LaGrange,
is within the purview of Rule 1 (e) and that Mr. Dickerson is entitled to pay for
a "call."
The Carrier opposes the claim on the ground that Mr. Dickerson is assigned as the Agent-Telegrapher at LaGrange and not at Pit 985. It contends that
Pit 985 is a "blind-siding" and that, as this Special Board has already ruled,
occasional "blind siding" train order work may be performed by others than telegraphers.
Nowhere in its brief does the Carrier dispute that'the work performed
by Mr. Dickerson is other than as described in the ORT presentation. In handling
"all shipments and the work relating thereto," Mr. Dickerson necessarily performs
a certain volume of message work relating to the business at Pit 985. Although
the record does not disclose whether Mr. Dickerson, during his working hours, sometimes handles train orders for trains stopping at the Pit to switch, pick up or
set out,, it is common knowledge that train orders are frequently dispatched to
train at such stations as LaGrange
under the
circumstances described in the record,
We hold that Pit No. 985 should not be treated as a "blind siding."
By practice it is operated as part of the station at LaGrange, including train
order work.
A W A R D
Claim sustained for a "call" under Rule 1 fe).
_s/ DANIEL C. ROGERS
Daniel C. Rogers, Chairman
Attorney at Law
211-212 Commercial Trust Company
Fayette, Missouri
_sI
W. I.CHRISTOPHER s/ A. F. WINKEL _
W.I.Christopher, Employee Member A. F. Winkel, Carrier Member
Deputy President, ORT Vice President
m
Personnel
3860 Linden Blvd. Missouri-Kansas-Texas Railroad Company
St. Louis 8, Missouri Missouri-Kansas-Texas R.R.Co.of Texas
Dallas 2, Texas
Dallas, Texas
June 7, 1960
- 2 -