'°F. Extra employes called for service (unless notified not to report before leaving home) will, if not used, be allowed three (3) hours' pay at the straight time rate of the position for which called. If they report and are used, they will be paid a minimum of eight (8) hours at the straight time rate of the position worked."

In view of the foregoing and since it has been established that the work upon which this claim is predicated is work which properly accrues to Telegraph & Signal Department Employes and not to Telegraph Department Emloyes, there is no basis for this claim under any provision of the applicable Agreement or the interpretations thereof and it should, therefore, be dismissed.

lIl. Under the Railway Labor Act, the National Railroad Adjustment Board, Third Division, is required to give effect to the said Agreement and to decide the present dispute in accordance therewith.

It is respectfully submitted that the National Railroad Adjustment Board, Third Division, is required by the Railway Labor Act to give effect to the said agreement which constitutes the applicable Agreement between the parties, and to decide the present dispute in accordance therewith.

The Railroad Labor Act, in Section 3, First, subsection (i) confers upon the National Railroad Adjustment Board, the power to hear and determine disputes growing out of "grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions". The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the Agreement between the parties to it. To grant the claim of the Employes in this case would require the Board to disregard the Agreement between the parties thereto and impose upon the Trustees of The Long Island Railroad Company, Debtor, conditions of employment and obligations with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take such action.

OPINION OF BOARD: The Employes claim that East New York was closed and the telegrapher positions were discontinued as of June 16, 1946. Twice monthly, or oftener if necessary, telegraph and signal employes test switches and signals at this station.

The Employes claim that the time table issued by the Carrier covering the movement of trains and the existence of interlocking station or block station has continuously listed East New York as having these titles (Employes' Exhibit 1).

The Employes further state that all other locations, on the Atlantic Branch of the Carrier, where these descriptive titles apply are manned by employes on a round-the-clock basis; that employes of the Carrier not represented by the Organization are used to manipulate the levers at the Tower at East New York, and that they govern the movement of trains. The Employes state the Agreement of June 1, 1945, has been violated and cite Rule I (Scope) and IV (Pay & Time Allowance). The Employes cite a number of awards which they claim sustain the finding of an affirmative award.

The Carrier states that there is no provision in the effective Agreement which provides that the work upon which this claim is predicated accrues to telegraph department employes represented by The Order of Railroad Telegraphers. The Carrier states that the manipulation of the levers, by the telegraph and signal department employes at East New York, is purely for testing puposes and not for the regulation of the movement of traffic through the interlocking station. The Carrier states that East New York is a semiautomatic plant and that the normal set-up of the plant is straight through the interlocking station. This condition prevailed when the station was open prior to June 16 1946 with a block operator on duty. The Carrier states that under the Regulations of the I.C.C. tests must be made periodically by

telegraph and signal employes (Carrier's Exhibit "B"). The Carrier states that before making these tests the telegraph and signal foreman ascertains the condition of the traffic by checking with block operators at the next interlocking station to the east and west of East New York. When traffic warrants, they proceed with the tests. If notified by the block operator to the east or west that traffic is approaching, they return the interlocking at East New York to its normal position to allow the traffic to pass East New York-then proceed with their tests. The Carrier states that the testing at this station would consume an average of forty-five minutes per test.

From the evidence produced by submission and the arguments before the Board it is clear that the testing of switches belongs to the craft of telegraph and signal employes; that the testing of the switches at East New York, a closed station on the Atlantic Branch of the Carrier, is done periodically by telegraph and signal employes; that when they manipulate the levers it is done for testing purposes and not to govern the movement of trains; that the manipulation of levers by the telegraph and signal employes is incidental to and in connection with the testing and does not violate the Scope Rule of the Telegraphers' Agreement (Award 3524). For this reason this claim does not show a violation of the Agreement by the Carrier and should be denied.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated by the Carrier.

AWARD