SSW FILE 47-373-9


              SPECIAL BOARD OF ADJUSTMENT N0. 353


PARTIES) Transportation-Communication Employees Union .

 TO )
 )
 DISPUTE) St. Louis Southwestern Railway Company

 STATEMENT OF CLAIM:
Claim of the General Committee of the TransportationCommunication Employees Union on the St. Louis Southwestern Railway, that: '

 1. (a) Carrier violated the Agreement between the parties
 on September 21, 1964, when it required or permitted Telegrapher
 J. E. Clary, Plano, Texas to suspend work on his assignment and to
 transport Train Order No. 56 and clearance from Plano, Texas to
 Wylie, Texas and there make delivery of said train order and clearance
 to trains Extra 857 South and Extra 350 South.

 (b) Carrier shall compensate Mr. B. Wynn, senior idle telegrapher, for one day°s pay (8 hours) for September 21, 1964.

 2. (a) Carrier violated the Agreement between the parties on September 24, 1964, when it required or permitted employees not covered by the scope of the Telegraphers` Agreement, to transport train order No. 3 and clearance from Plano, Texas to Greenville, Texas and there make delivery of said train order and clearance to the crew of Train No. 318.

 (b) Carrier shall compensate Mr. 0. E. Godsey,'regularly assigned first shift clerk-telegrapher at Greenville, Texas for a two hour call at the time and one-half rate.

 OPINION OF BOARD:

 Employes made two claims in their submission to the Board. The second claim has been paid by Carrier and it will not be necessary to consider that claim.
                          - 2 - AWARD N0. 28


At 7:35 P.M. on September 21, 1964, the dispatcher issued train order No. 56 to telegrapher Clary at Piano, Texas. This order read:

      "Train Order No. 56 September 21, 1964

      C&E Extras 857 and 350 South at Wylie care operator

      TWO Extras 857 and 350 South have right over No. 18,

      and No. 318 Wylie to Plano and hold main track at Plano.


        JLC Complete 7:35 P.M., Clary, Operator."


Extra Telegrapher Clary was transported by motor car to Wylie, Texas where he delivered the train orders and clearance cards to the crews of the two trains. Wylie, Texas is a blind siding, the telegrapher position having been abolished prior to the date in question.

 Carrier contends that extra telegrapher Clary had been called to work because of washouts and derailments resulting in traffic congestion. Employes deny the existence of an emergency situation and their claim number 1 is for a day°s pay for the senior idle telegrapher.

 From a review of the record it is clear that an emergency situation did exist on the date in question. Extra telegrapher Clary was being properly used under the provisions of Article 10 of the agreement. Article 10 reads:

                      "ARTICLE 10

                    `'Working at Wrecks


      ,,"10-1. .An employee regular or on extra board, employed

      at a wreck,washout, or account of other casualty, shall be

      paid at rate of pay established for his regular position,

      with a minimum of $4.48 per day of eight hours or less,

      overtime at regular rates, and, in addition, shall be al-

      lowed necessary expenses while away from home station,

      not to exceed $2.50 per day.

      "10-2. Time shall be computed from time of leaving

      starting point until return thereto, except when

      relieved for rest or assigned to service elsewhere.' ..

      r ca ~_

      40 S(3A~ 353

      . - 3 - AWARD N0. 28


      We will deny claim number one.


      Claim number two should be dismissed.


FINDINGS:. That the agreement was not violated.

 AWARD: Claim one is denied.

        Claim two is dismissed.


                    Don J. Hart, Chairman


D. A. Bobo, Employee Member M. L. Erwin, Carrier Member

 Tyler, Texas
 December 28, 1966