AUG 6 1960 SPECIAL BOARD BOARD~OF ADJUSTMENT NO. 305

    ~~R (. p. THE -ORDER 'OF -RAILROAD -TELEGRAPHERS

                vs.

                MISSOURI PACIFIC RAILROAD COMPANY

                (Southern &- Western' Districts)


        STATEMENT ;OF--CLAIM:


"Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri Pacific, that:

                        CASE N0. 1


          1. Carrier violated Agreement when on June 8, 1957, it required or permitted-Brakeman J. D. Smith on Extra SSW 923 North to.receive and copy Train Order No. 5.04 at 'BB' Junction.


          2. Carrier shall compensate R, D. Stahlheber, senior idle extra telegrapher, for one day's pay (8 hours) for June 8, 1957.


                        CASE N0. 2


          1. .Carrier violated Agreement when on December '2, 1957 it required or permitted.-Conductor Brown in charge of Engine '4364 to receive and copy Train 'Order'No. 32 at Cairo, Illinois.


        2. Carrier shall compensate =J. L.. Mainer,.senior, idle extra tele

        grapher for one day's pay (8 hours) for December 2, 1957.


                        CASE N0. 3


          1. Carrier violated Agreement when on January 15, 1958, it required or permitted Conductor'Dunn in charge of Engine 43$5 to receive and copy Train Order No. 14 at Welge, Illinois.


          2. Carrier shall compensate M. C. Abercrombie, senior idle extra telegrapher for one day's pay (8 hours) for January 15,-1958."


          OPINION OF BOARD:


Claim here is made in three segments, on behalf of three named employes, for pay for one day- (8 ,hours), based upon the allegation in each instance that employes, other than telegraphers, were required or permitted by Carrier to .receive and copy train orders on specific dates, at named locations, where :no telegraphers are employed.
 AWARD .NO. 38 - : -"-PAGE.-2e
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 pOCRET . N0. . 3$ , - _ T _ --
 ;CASE.RQ. 2679

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`Many. oases .determined°by,Special Board°N.o..lla,.on this property, ,have been cited by-the-parties'to.support..their contenriona. We -are,in'full accord with the opinions as set out in Awards Nos. 18 to-22, inclusive,. and being-similar in'-r all respects to the.acts and circumstances before us here,-we,must ;concur- 'in7
 the
 -principles as determined in the Findings and Awards,as being-applicable to the
 ,docket '.before-us. We do-not .believe it necessary. to cite-awaids-of the Third Division, National Railroad Adjustment-:,B,oard, in view of awards made by the Special Board..on this property.

 Awaxds'No. 14,and 17,..Special Board No. .117, as-relied upon by the Organiz&tion, have-.no applicability to the facts and circumstances here before us.

 From.a thorough review of the-record before us, and the awarda.cited by the parties, the claims do.not. support a, sustaining award.

                FINDINGS: Carrier did not violate.the·Agreement, nor do the .rules-relied upon by the Employes support the claims as alleged.


                          AWARD


                Claims.denied as per'ppinion and Findings.


                SPECIAL . IOARD' )OF AITJUSTMENT N0. 305


                /S/ Donald F'. McMahon

                Donald F. McMahon -Chairman


Dissenting /s/ G. 'W. Johnson
 R. R. Anthis.--Qrgani.zation Member G. 'W. Johnson -,Carrier Member

 St._ Louis, Missouri .June .3,.1960

 .-Files-3.80-1812
      380-1840 -

      340-1848