STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the New York Central Railroad, Line West of Buffalo, that
EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement between the parties bearing effective date of July 1, 1946 as to rules of working conditions, copy of which is on file with the Board and by reference is made a part of this Statement of Facts.
Hillsdale is a manual block station on the main line of the New York Central Railroad, known as the Old Road, between Toledo, Ohio and Elkhart, Indiana. a distance of 142.42 miles. Manual block system is in use between Vulcan and "B" a distance of 138.47 miles. Hillsdale is the terminus of the Ypsilanti Branch of the Michigan Central Railroad. The Ypsilanti Extra arrives at Hillsdale in some instances within the assigned hours of the second trick telegrapher and in such instances permission to enter the main track in order to crossover was obtained from the telegrapher at Hillsdale whose duties embrace the performance of the manual blocking service required under the rules. On other occasions the Ypsilanti Extra arrives at Hillsdale outside of the assigned hours of the second trick telegrapher and in such instances the conductor uses the train dispatchers' telephone circuit for reporting to the train dispatcher the arrival of his train at Hillsdale and that it is ready to
"This Board does not sit as a court of equity. We must interpret the applicable Agreement provisions as they were drawn by the parties. It would be a usurpation of authority to allow compensation to an employe where the Agreement does not authorize it. The remedy is by negotiation and not by faulty interpretation." (emphasis added)
"We, therefore, hold that it is not a violation of the Telegraphers' Agreement for a section foreman or operator of a motor to secure line-ups from a telegraph operator by use of the telephone, nor is it a violation thereof for him to copy such line-up so received for his use out on the line, though the line-up form provides space for certain information." (emphasis added)
which is west of Hillsdale. On the dates mentioned in the claim the Ypsilanti Extra arrived at Hillsdale during the time that the station was closed. The conductor of that train communicated by telephone with the block operator at Adrian to obtain permission to cross the main line and again to report his train clear of the main line track.
In Award No. 4516 we set forth the principles which determine whether telephone communications are such as have been reserved to telegraphers under the scope rule of their agreement or whether they are such as may properly be performed by persons not under the agreement. We held that the telephone communication work reserved to telegraphers was that which they traditionally performed prior to the advent of the telephone and we said:
In Award No. 4287, involving the same parties, we held it to be a violation of the Agreement for a train conductor to telephone from a station, at a time when the operator was off duty, to the next station to advise that his train was on the siding and then to advise of the passage of the superior train to obtain permission to again occupy the main track. In Awards Nos. 4373, 4374, 4375 and 4376, involving the same parties, we applied that determination to similar situations without the assistance of a referee.
In Award No. 4575, involving the same parties, we held it to be a violation of the agreement for a train conductor to telephone from a station, at a time when the operator was off duty, to the next station to report his train clear of the main track at the end ut uis run.
If there be any distinction between those cases and this one, it is a distinction without a difference because the principles involved are identical. Hence, we consider that those awards control our decision herein.
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