DEC 1 T F0
STATEMENT OF CLAIM:
AWARD N0. 58
DOCKET NO. 58
CASE 2871
SPECIAL BOARD OF ADJUSTMENT N0. 305
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
MISSOURI PAGIFIC.RAILROAD COMPANY
(Southern & Western.Districts)
"Claim of the General Committee of The Order of Railroad Telegraphers on the
Missouri Pacific Railroad, that:
1. Carrier violated the Agreement between the parties when on May 22,
1958, it required or permitted Conductor Hoch to transmit to train
dispatcher Upson at Pueblo, Colorado, the 2704 report of Work Extra
BDC-4, also message that BDC-4 was tied up on house track at Ransoms
Kansas, and could not be moved or blocked in, in addition to a work
order message for the following day that the Extra would work between Arnold and McCracken on May 23, 1958.
Carrier shall now pay Agent-Telegrapher J. S. Elgin, Utica, Kansas,
fifty (50) minutes at the time and one-half rate; which would have
been the amount of pay he would have received had he been held on
duty to perform this covered work."
OPINION OF BOARD:
We are convinced that the information transmitted by use of the telephone
from Conductor Hoch to the dispatcher at Pueblo does not fall within the class of
messages defined by the National Railroad Adjustment Board as communication of
record, but was merely information for which there was no requirement that a record be made. See Award No. 8, Special Board of Adjustment No. 305.
Claim should be denied.
FINDINGS: The record does not support a sustaining award.
AWARD
Claim denied.
SPECIAL BOARD OF ADJUSTMENT NO. 305
/s/ Donald F. McMahon
Donald F. McMahon - Chairman
Dissenting
R. K. Anthis - Organization Member
St. Louis, Missouri
September 23, 1960
File 380-1873
/s/ G. W. Johnson
G. W. Johnson - Carrier Member