STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Union Pacific Railroad (South-Central and Northwestern Districts) that:
EMPLOYES' STATEMENT OF FACTS: An agreement by and between the parties bearing effective date of June 1, 1947, as amended September 1, 1949, is in evidence, hereinafter referred to as the Telegraphers' Agreement.
On February 2, 1951, Work Extra No. 256 in charge of Conductor Sundby departed from Boise at or about 10:25 P. M. on a return trip destined to Nampa, Idaho, located 19 miles distant on single track territory.
It is the requirement under the rules that all trains have a train order and or a clearance card before entering the main line. There is a telegraph service employe at Boise to handle any and all train orders and other communications service.
In this case, on February 2, 1951, Conductor Sundby did not secure a train order or clearance card before his train left Boise, and his train proceeded down the spur track to Boise Junction, a point where no telegrapher is on duty, 3.2 miles from Boise. At this point where the train was to enter the main line, the train conductor came in on the train dispatcher's telephone circuit and copied and handled train order No. 267 at 10:47 P. M.
All data submitted by the Carrier is a matter of record with the Employes or has been presented to petitioners and made a part of the particular question in dispute.
OPINION OF BOARD: This claim involves a telephone order that was copied and handled by Conductor Sundby, in charge of Work Extra Train No. 526, at Boise Junction, Idaho, on February 2, 1951. No Telegrapher is on duty or stationed at Boise Junction. It is contended that such action is a violation of the Scope Rule and Rule 62 of the Agreement between the parties.
This is not a new issue and, while the Awards are conflicting, there is unanimity upon the proposition that where, as here, the Scope Rule lists positions instead of delineating work, it is necessary o look to practice and custom to determine the work which is exclusively reserved by the Scope Rule to persons covered by the Agreement.
From a careful reading of the record before us it is impossible to say that the work involved has been exclusively reserved to telegraphers by agreement, tradition, historical practice or custom.
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