Under the
RAILWAY LABOR ACT
Special Board of Adjustment No. 226
Hearings April 9-30, 1958
Dallas, Texas
Award No. 5
PARTIES TO DISPUTE:
STATEMENT OF
THE ORDER OF RAILROAD TELEGRAPHERS
MISSOURI-KANSAS-'TEXAS LINES
Group 2 ORT Claim No. 7 in behalf of E. K. Baker, Turner Yard (Oklahoma City)
for eight (8) hours' pay at the minimum rate for telegraphers account Superintendent Stephenson !,Mechanical Force) using telephone at Oklahoma City in violation
of Rule I (a) and I (d), to transmit a message at 6:40 p.m., June 6, 1957, to
Parsons, Kansas reading:
'IT
will tie up here tonight and be at Huckins Hotel."
FINDINGS:
We find that the message is within the Scope Rule applied to the position in
question at Oklahoma City, But the claim does not allege and the ORT has furnished
no proof that the office at Oklahoma City was a "closed office" at the time the
message was sent. Such proof is necessary for a sustaining award under Rule 1(d).
The carrier states in its answer that the Oklahoma City office was open from 7:00
a.m. to 11:00 p.m. If the Carrier is correct a message sent at 6:40 p.m. would not
violate Rule I (d).
AWARD:
Claim denied.
%s/ W. b. Christopher
W. I. Christopher, Employee Member
Deputy President, 0. R. T.
3860 Lindell Blvd.
St. Louis 8, Missouri
Dallas, Texas
August 1, 1958
/s/ Daniel C. Rogers
Daniel C. Rogers, Chairman
Fayette, Missouri
~!,FA . F. Winkel
A. Winkel, Carrier Member
Asst. General Manager
Missouri-Kansas-Texas Lines