SPECIAL BOARD OF ADJUSTMENT N0. 305
5 19"0
THE ORDER OF RAILROAD TELEGRAPHERS
ES ER'V
VS.
MISSOURI PACIFIC RAILROAD COMPANY
(Southern & Western Districts)
AWARD N0. 54
DOCKET N0. 54
(CASE 2647)
STATEMENT OF
CIAIM:.
"Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri Pacific Railroad, that:
1. Carrier violated Rule 1(a) of the Agreement when on May 5th it required
or permitted an employe in Osawatomie Yard Office to transmit by telephone a communication of record to Assistant Trainmaster G'. E. Dannels,
Coffeyville, neither of whom are covered by the Telegraphers' Agreement
nor within a properly established telegraph office, thus establishing
telegraph offices other than as provided by the Telegraphers' Agreement.
2. Carrier shall compensate J. E. Case, Manager, Coffeyville, for a call,
three hours at the time and one-half rate, for Sunday, May 5, 1957.
3. Carrier shall compensate F. W. Case, Manager, Osawatomie, for eight
hours at the time and one-half rate for Sunday, May 5, 1957."
OPINION OF BOARD:
Carrier questions the jurisdiction o£ the Board to determine the merits of the
alleged claim.
On September 20, 1957, Carrier, by its highest designated officer, declined the
claim herein. Under Article V, Section 1(c), of the Agreement of August 21, 1954,
the Organization was allowed a period of nine months to perfect its appeal from Carrier's declination. The Organization requested, and was granted by Carrier, an extension of time from June 19, 1958, to July 19, 1958.
The nine months' time allowed for further appeal would have expired June 19,
1958. The record shows such further appeal was not made by the Organization until
July 21, 1958.
Under the provisions of the Time Limit Rule, we must dismiss the claim herein
for lack of jurisdiction of the Board to determine the issue on the merits.
FINDINGS: Claim must be dismissed as per the Opinion.
AWARD: Claim dismissed.
/s/ R. K. Anthis
R. K. Anthis - Organization Member
St. Louis, Missouri
June 3, 1960
File 380-1803
SPECIAL BOARD OF ADJUSTMENT N0. 305
/s/ Donald F. McMahon
Donald F. McMahon - Chairman
/s/ G. W. Johnson
G. W. Johnson - Carrier Member