graphic work, to such an extent as to fill out the telegraphic assignment. See Awards 4288, 4355, and 4477 of this Division. As stated in Award 4477:

'When the work of clerks exceeds that which the telegrapher can perform and it became necessary to increase forces, the excess clerical work belongs to clerks and must be assigned to them. If the work recedes to the point where the telegraphers can perform it all, it is the Clerks and not the telegraphers which must be cut off when telegraphic work remains to be performed.'

On this Carrier, through custom and usage, it has been the practice to have Telegraphers do ticket selling in connection with their telegraphic duties, thus creating an exception to the Clerks' right to the exclusive performance thereof. Of course, the parties can provide otherwise by their agreement. The parties' Agreement effective August 2, 1945, provides in part, as follows:

Rule 1--Section 1. Scope-'These rules shall govern the hours of service and working conditions of the following employees subject to the exceptions in Section 2:

'Group 7. " * ° Ticket Clerks (Sellers).'

Rule 1-Section 2 (k) 'The changing of the title of a position without actual reclassification of the duties assigned will not operate to remove the position from the scope of this schedule, unless by mutual agreement between the railway and representatives of the employees.

In view of these provisions and an examination of the Agreement as a whole, particularly Interpretation 2 to Rule 69, we do not think the parties, by their Agreement, have contracted to prohibit the Carrier from assigning some of the remaining duties of Ticket Clerk No. 2 to a Telegrapher which, by long continued practice and custom, this Carrier has always done." (Emphasis added.)

Inasmuch as this claim is without support in the Agreement and in the light of prior Awards of your Board, we respectfully petition the Board to deny the claim.

OPINION OF BOARD: Decision in the claim is governed by our Award 6051, Docket TE-5827, which follows Awards 5432, 5433, 5599, 5600. Notice was not given to all interested parties involved in this dispute in conformity with Section 3, First (j) of the Railway Labor Act.

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 this claim should be dismissed without prejudice in accordance with Opinion and Findings.

AWARD