When the former practice of train order operations on the West End Branch was first begun, the traffic was quite heavy compared to the operations when C.T.C. was installed at West Liberty in 1950.

Operations over the West End Branch are Yard movements, consisting of a daily transfer movement in each direction between the Carrier's West Liberty Yard (via the West End Branch) and The Pittsburgh & Lake Erie's McKees Rocks Yard, plus minor industrial switching on the West End Branch, performed by the Carrier about three times each week. Alternately, by two-month periods, the Carrier and The Pittsburgh & Lake Erie furnish the crew for the transfer. During the two-month period when the Carrier furnishes the crew, the transfer also does the industrial switching on the West End Branch mentioned above, and at other times this switching is performed by the Carrier's yard crews from Rook Yard.

The Employes in this case are claiming that the yard operations over this West End Branch must be handled by written train orders and OS forms and that, by not doing so, the Carrier is violating the Telegraphers' Agreement, and further, that for such alleged violation the Carrier should be required to pay a "Call or Calls" to the Agent-Telegrapher at West Liberty each day this track is used. The particular dates referred to in the Employes' claim herein fell during the two-month period when the transfer was being operated by the P&LE.

POSITION OF CARRIER: In Paragraph 1 of the Employes' Claim in this case, the Employes state that the "Carrier . . . violated . , the agreement . . in requiring employes not covered by said agreement to handle orders and other communications affecting movement of trains . . ." It should not be taken from this that any train orders or other communications of record were actually used, as this was not the case. This is merely the Employes' way of saying that they think they should have been used. As shown in General Notice No. 905, quoted in the foregoing Carrier's Statement of Facts, the daily yard transfer movement over the West End Branch is actually under the personal direction of the Train Dispatcher, who is located at Rook Yard, within the same switching district. This daily transfer and the occasional switching moves operate under yard rules and are controlled by verbal permission, just as much heavier yard movements are handled in yard territory on this and practically every other railroad in the country, without the use of train orders or other written communications of record, and without being required to use employes covered by the Telegraphers' Agreement in connection with such moves.

Under the circumstances the Carrier is not obligated to use such written forms for these infrequent movements over the West End Branch. Consequently the Employes' claims in this case are not justified and should be denied. The Carrier respectfully requests your Honorable Board so to decide.

OPINION OF BOARD: The area involved herein includes a stretch of track running out of the yards at West Liberty, Pa., to a connection with the P&LE RR, a distance of 2.3 miles. The Carrier's main line is now equipped with C.T.C. and as a result of this installation the services of two operators at West Liberty have been dispensed with.

Previously, the operators at West Liberty handled any orders required for those trains operating on the branch; but now the Carrier has abolished the old operating rule governing such trains and has issued General Notice No. 905 requiring train crews to call the dispatcher for oral authority to use this track.

The Carrier states that this branch is within yard territory and supports the statement by showing that there are yard limit boards on both sides of the yards where this branch has its terminus connecting with the Carrier's main line. It is further shown that by rules, Rook-West Liberty Yard includes West End Branch.

Even admitting that this track is within yard limits does not, however, change the character of the details of the work in question. Before the advent of C.T.C., operation on this branch was regarded as a train movement, and since C.T.C. the movements of trains are controlled by communications of record, growing out of General Notice No. 905. The communications are verbal it is true; but we note that it is also admitted by the Carrier, that if a record is kept by the dispatcher, it is for his own convenience. The character of these messages is such that they inform the Carrier of times of departure, consist, numbers of the trains, and the verbal permission required. In other words the communications are orders and are recorded.

Under the limitations of the governing agreement, such communications work is set apart to telegraphers.

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 scope rule has been violated and

That "calls" as claimed should be allowed.

AWARD