NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chesapeak & Ohio Railway Company,
(a) that the Carrier violated the Scope Rule of the Telegraphers' Agreement when, on June 16, 1948, it permitted or required the conductor of Shifter 1487, an employe not under the Telegraphers' Agreement, to receive and copy train order No. 28 by telephone at Tram, Kentucky, a point where no telegrapher was employed; and
(b) that as a consequence the Carrier shall pay the senior extra telegrapher idle on the district on that day, a day's pay of eight hours at the minimum telegrapher rate for this work of which he was thus deprived.
EMPLOYES' STATEMENT OF FACTS: An agreement bearing date October 16, 1947, as to rates of pay and rules of working conditions is in effect between the parties to this dispute.
On June 16, 1948, at 5:49 A.M., conductor Martin of shifter 1487, an employe not under the Telegraphers' Agreement, received and copied train order No. 28 by telephone at Tram, Kentucky, and delieverd a copy of same to the engineer of his train.
Claim was filed for a day's pay for the senior idle available extra employe for this clay who was thus deprived of this work. The Carrier declined the claim.
POSITION OF EMPLOYES: The Scope Rule of the Telegraphers' Agreement which embraces telegraphers and telephoners and the work performed by them in those classes of employment, is invoked in this dispute.
Rule 9 of the Telegraphers' Agreement, providing as follows, is also invoked on this dispute:
OPINION OF BOARD: The principles involved in this claim with respect to governing rules are identical with those in Award 5079, and there appearing no material distinguishing facts of record, the Board holds that the agreement was not violated at the time, place and under the facts and circumstances of record, and the claim 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