antedating the current Telegraphers' Agreement and, therefore, taking precedence over that agreement.

The Carrier has definitely shown that:

1. Conductors have always by custom and practice and specific instructions of long standing, signed bills of lading and prepared Conductors' memorandum waybills. That Clerks and others have also prepared waybills as a part of their duties.

2. The Agreement with the Telegraphers' Organization was negotiated while such instructions and practice were in effect, and there is no restriction expressed or implied in the current agreement reserving such work to Telegraphers or restricting anyone else from performing the service.

3. This Board has heretofore rendered awards denying the exclusive right of Telegraphers to perform fragmentary pieces of work, such as here involved, while the station is closed. In addition to examples already cited, please consider the following from Opinion of Board (Referee Boyd) in Award 5235:

"There is a contention made by Petitioner that the employes were denied work of selling tickets where the passengers boarding trains at Hillsdale, when the station was closed, paid cash fares to the train conductor. There is no provision of the contract giving the employes under the Telegraphers' Agreement the right to require all passengers to purchase tickets before boarding trains. On the other hand, it is customary for train crews to collect cash fares when tickets have not been purchased. We cannot find, therefore, that there has been a violation of the Scope Rule in this respect."

4. Managerial discretion is certainly controlling as td how work is to he performed unless limited by Agreement; and no such limitation exists here, as it has been clearly shown that the rule limiting the right of othersthan-telegraphers to perform certain work under the current Telegraphers' Agreement does not in any way limit the right of Conductors or others to sign bills of lading or to prepare memorandum waybills or regular waybills.

No rule can be found in the Telegraphers' Agreement supporting this claim. It is therefore, subject to the following from Opinion of Board in Award 6107.

"This Board must determine the rights under this contract from the four corners of the Agreement. Unless language expressly or impliedly authorizing payment as claimed here can be found in the Agreement itself, this Board can not read into it such a meaning.

"In Award 2491, this Board said: `* * * We can only interpret the contract as it is and treat that as reserved to the Carrier which is not granted to the employes by the Agreement.' See Awards 4304, 2622, 5307. Any change to be made in a contract to meet a condition as here presented is a matter for negotiation between the parties. We can neither legislate nor can we write into the Agreement that which is not there."

The claim, for the reasons stated, is entirely devoid of support under the Agreement and should be denied.

(Exhibits not reproduced.)

OPINION OF BOARD: Knippa, Texas, is a one-man agency with an Agent-telegrapher assigned Monday through Friday. The station is closed on Saturdays, Sundays and holidays. The Southwest Stone Company has a stone quarry one mile from Knippa. For sometime after the establishment cf the five day week for the Agent-Telegrapher, the stone company called the

Agent-Telegrapher when they had a carload of stone to ship on Saturday for the purpose of having him sign the bill of lading and bill the car. On or about July 7, 1951, Carrier required the conductor of the local freight train to sign the bill of lading and handle the car into San Antonio on a conductor's memorandum waybill. The claim is made by the Agent-Telegrapher for a call on account of being deprived of the work on Saturdays when the conductor billed carloads of rock.

The work in question can under certain circumstances be performed by others than telegraphers. We have held many times, however, that station work in one-man stations belongs to the Agent, a position within the scope of the Telegraphers' Agreement. Station work outside the hours assigned to the Agent of a one-man station is also work that belongs to the station agent. Awards 4392, 5993. The decision in the present case is based on the fact that the Agent-Telegrapher at a one-man station owns all the station work at that point and not on the ground that the signing of bills of lading and billing cars is the exclusive work of a Telegrapher. See also Award 54, Special Board of Adjustment No. 41.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing thereon;

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 Agreement was violated.

AWARD