6-2. Employes will not be required to suspend work during regular hours to absorb overtime."

"Article 10-Working at Wrecks

10-1. An employe 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 allowed 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."

(Note: The rates shown in this rule have subsequently been increased)

"Article 18-Seniority and Promotion

18-2. Employes shall have seniority on the division to which assigned at time of employment and seniority shall begin at the time when and where the employe's pay starts; an employe declining promotion shall not lose his seniority."

"Article 28-Rates of Pay

28-2. Where existing payroll classification does not conform to Article 1, employes performing service of the classes specified therein shall be classified in accordance therewith."

As stated in Employes' Statement of Facts, the work train conductor in the instant case performed all of the telegraphic or telephonic communications service in connection with the operation and movement of his train on each of the days involved in this dispute. He received work orders for his train to occupy the main track; he reported his train clear of the main track; he used the telephone in blocking trains with the train dispatcher; he transmitted direct to the dispatcher his arrival and tie-up time at Stephens; he reported the time his crew began work each day and copied orders to proceed to the point of his work. In fact, he spent practically his whole working day performing the functions of a telephoner (telegrapher), and block operator.

Under date of October 22, 1948, agent-telegrapher W. N. Nutt of Stephens, Arkansas, wrote General Chairman Fitzhugh as follows:

"For your information there is a work train driving piling near Ogemaw and tieing up at Stephens. It talked with Conductor Roach this noon and he advises that does not have an operator on, and that he works with the dispatcher all day copying time orders, etc." (Emphasis ours.)

On October 23, 1948, General Chairman Fitzhugh called this violation of the Telegraphers' Agreement to the attention of Superintendent F. W.

Ferguson, and filed claim in behalf of the senior idle employe under the Agreement for a day's pay in accordance with the rules of the Agreement for each day the Carrier thus violated said Agreement. (See General Chairman's letter to Supt. Ferguson of October 23, 1948.) The claim was declined, and the violations continued without restraint.

Under date of March 11, 1949, General Chairman Fitzhugh requested Superintendent of Personnel F. P. Lee to assign a representative to join in making a joint check of the record in the dispatcher's office to confirm his claim that the Conductor in charge of this work train was actually taking the place of, and performing all the functions of a telephoner (telegrapher) -handling communications service belonging to telegraphers. A date for the joint check was arranged for March 19, 1949. Superintendent Ferguson and General Chairman Fitzhugh made the check of form 2200, a record made by the train dispatcher which is intended to show all track and time limits orders issued by the dispatcher. This record of the time limits orders produced by the Carrier for the joint check is reproduced below:

Form 2200

Train Dispatcher's Record of "Track and Time Limits"
granted as prescribed by Rule 531.

"Track & Time Limits" granted Work Extra 502 as reflected by
original records maintained by train dispatchers.

NOTE-ON TWO MAIN TRACKS, WHEN DESIGNATING TRACK OR TRACKS ON WHICH TRACK & TIME LIMITS" GRANTED USE: E-FOR RAST TRACK

W-FOR WEST TRACK

B-POR BOTH TRACES

Form 2200

Train Dispatcher's Record of "Track and Time Limits”
granted as prescribed by Rule 531.

Page Two

"Track & Time Limits" granted Work Extra 502 as..reflected by
original records maintained by train dispatchers.

•NOTE ON TWO MAIN TRACKS, WHEN DESIGNATING TRACK OR TRACKS ON WHICH “TRACK & TIME LIMITS” GRANTED USB:
E-FOR EAST TRACK
W-FOR WEST TRACK
B-POR BOTH TRACKS

The document reproduced above purports to show all the track and time limits orders issued by the dispatcher during the period in question, but according to the evidence received by the General Chairman and contained in his files, it does not reflect the true facts, as it does not record all of the track and time limits orders, extension of time limits, movement permits, etc., issued direct to the Conductor of the work train, by the dispatcher on the days in question. There were many verbal, or unrecorded orders, given to the Conductor of work train 502, that were not shown on the dispatcher's record. As an example of these unrecorded orders and "OSes," we cite the following telephonic (telegraphic) service performed by the conductor not recorded on Form 2200 and not made available for the joint check but are verbatim copies of the telephonic service performed by this conductor to Ogemaw:

"October 25, 1948:

9:50 AM:

Roach "This is Roach 502, what you want?'

Dispr-Just turned flasher on to get you in clear.'

10:20 AM:

Roach 'Ogemaw, this is Roach, No. 67 by line up so can come out.' ('OS') (work order)

Dispr-'OK, you can have until 1045 AM'.
Roach-10:45 AM, OK.'

10:35 AM:

Roach "This is 502, how does it look now?'

Dispr-You can have now until 10:55 AM.'

Roach-10:55 AM, OK will be in clear by that time.' (work order -permission to occupy the main track until 10:55 A.M.)

10:55 AM:

Roach Is the 10:55 going to be good?' (lineup)
Dispr-'Yes, do you have piling started'

Roach-'Yes'

Dispr-Drive it down and then get in clear.' (order)

11:45 AM:

Roach 'How about following this man to Stephens?'
Dispr-'OK, 509 behind him to Stephens.'
Stephens)

1:35 PM:

(Running orders to

Roach 'It worked out mighty pretty, he's coming around here now.' ('OS')

Dispr-Soon as 808 gets by come in and will give you all time I can.' (Instructions to copy time limits orders)

2:55 PM:

Roach 'You want me to 509 in here now?' (Permission to move under flag)

Dispr-'Yes you can have until 3:10 PM then you will have to get in clear.'

Roach 3:10 PM, OK.' (Train order to occupy main track until 3:10 p.m.)"

"October 26, 1948:

8:53 AM:

Roach-'Any more?'

Dispr-'You can have until 9:20 AM.' (Time limit work order) Roach-'9:20 AM. Will start another one then (another piling).

I'm using a white flag on a high pole today, when I get additional time I just raise the flag and keep them driving, he's about 300 down there now and I can't run back and forth all time, nearly ran myself to death yesterday.'

Dispr-OK. That 9:20 ought to be mighty good.' (Train orderhelp against opposing trains and operation of signals from a central point controlling movement of trains.)

9:10 AM:

Roach 'How does it look on him?'

Dispr-That man is still sitting over here at Camden.

have until 9:30 AM.'

Roach 9:30 AM-OK' (Time limit order)

10:25 AM:

Roach 'How are the trains lined up now?'

Dispr-809 South out Camden about 10:25 AM

900 be out Camden about 10:45 AM

683 Sport streak about 11:14 AM

You can

You can use until 10:45 AM but figure on getting in at that time.'

Roach-10:45 AM OK-get my flag up.' (Regular lineup, and

time limit order)"

"October 27, 1948:

10:30 AM:

Dispr-Roach, what is he doing, going to lay down?'

Roach 'No he's coming on.' (Reporting (OSing) trains)

Dispr-'Can give you until 10:50 AM, you will have to 509 in
there though.'

Roach-1050 AM OK'. (Time limit train order to occupy the
main track against opposing trains until 10:50 a.m.)

11:10 AM:

Roach 'Can you do any more for me?'

Dispr-'Yes, you can have until 12:00 noon.'

Roach '12 Noon, OK will call you and see if can get more time
or go to Stephens for lunch.' (Train order-time limit)"

"October 28, 1948:

Roach 'Can you give me any more time?'

Dispr-'Sure you can have until 9:05 AM, then call me again
might be able to give you more time, man not out of stamps
yet.'

Roach '9:05 AM, OK will call you.' (Train order-time limit)

10:30 AM:

Roach 'He is by me now.' ('OS')

Dispr-'You can have until 11:30 AM.'

Roach-'11:30 AM OK. Can I 509 on out now?'

Dispr-'Yes, 509 on out now.' (Train order and 'OS')"

"October 29, 1948:

8:55 AM:

Roach-'Any more time?'

Dispr-'Yes, you can have until 9:10 AM.'

Roach-9:10 AM OK, which may coming?'

Dispr-'From the south.' (lineup)

Roach-OK give me the signal will drive one more pole.' (Time
order)

9:45 AM:

Roach 'How does it look'.

Dispr-You can have until 1005 AM then call again.'

Roach '1005 AM OK.' (Time order)

10:50 AM:

Roach-'Any more?'

Dispr-'Yes, you can have until 11:15 AM, then 509 as local in
there.'

Roach-'1115 AM OK that will give me plenty time.' (Time

order and lineup on local)"

The above record of orders and reports of trains is in addition to that recorded by the Dispr. on Form 2200 and is contained in the files of the General Chairman; regardless of whether or not the train dispatcher recorded it, this information is authentic and it was important and necessary to the operation of the Carrier's trains during the period the work train was in service at Ogemaw.

The Conductor affixed a white flag to a pole, for the purpose of signaling his crew working within sight of the location of the telephone, so that it would not be necessary for him to run himself "to death" between the telephone and the location where his crew was working, and in order that he might be able, without interruption to put in a full day as a telephone (telegraph-block) operator. Thus, he was required to perform dual service