(Exhibits not reproduced.)

The Joint Statement of Agreed-Upon-Facts notes the helper crew:

"-*-cut off at Sizerville, crossed over to the northward main, and proceeded north to make another assist south. The fireman of the helper crew threw the switches at Sizerville to crossover from the southward main to the northward main."

"Sizerville Block Station is a block station closed since May 1, 1938. It was carried in the May 16, 1943 Agreement with a symbol indicating operators were in charge of handling ground switches and pump at that point. This office was closed August 18, 1947 and all work was abolished--*- when the office was closed. When the September 1, 1949 Agreement was made, Sizerville was left out of the Agreement on the basis that no office or work existed at that point. Subsequent to that Agreement we discovered that train crews were being authorized to handle the ground switches, left in service, but which were not being used to our knowledge.

"On finding that the Company authorized train crews to reopen the office at Sizerville,"

"* * * and perform the work formerly handled by operators at that point, we filed claim on the basis that the office had been recreated, but the work had not been returned to employes who had contracted to perform it, but had been transferred to employes not under the coverage of the Agreement.

"The work being performed not only includes the handling of the crossover switches, but also includes securing permission by telephone at Sizerville to make crossover movement and occupy main tracks. Work such as was always performed by the operator at Sizerville when this office was open, but which was supposed to have been abolished when it was closed. When this office was open this work was the exclusive property of the Telegraphers and performed by them."

Carrier's position, as contained in the Joint Submission, is that

"The crossover switch at Sizerville is used primarily by helper crews in order to cross over from one main track to another when

assisting trains northward or southward. The throwing of the switch in such instances is for the movement of the helper crews and is a proper part of their duties.

"The throwing of ground switches is not exclusively operator's work, particularly since they get extra compensation for handling them and since the rate and the notation have been omitted from the Rate Schedule in the back of the O.R.T. Agreement effective Sept. 1, 1949."

In its oral argument presented to this Board, Carrier observes

"' ' * that the only issue involved in the subject filed with your Honorable Board concerns the question of an engine crew member handling a ground switch for a crossover movement. It is noted that there is no mention made there of securing verbal permission, blocking trains or copying train orders. *

"However, it is now apparent that the Employes have expanded their original complaint to include 'securing permission by telephone located at Sizerville to make the crossover movement and occupy the main tracks and permission to proceed from that point' in addition to the handling of ground switches at Sizerville."

"* * * sets forth the contentions made by the Employes from the very beginning of the controversy. Among other things it disproves the Carrier's contention, at page 43, that it thought the only question at issue was operation of a ground switch."

Also that:

"All of the operating rules cited by the General Chairman must be observed when any movement through a crossover, into, or out of a block is made; and all of them require communication by telephone with other locations. The movement of the locomotive through the crossover at Sizerville could not have been safely made without compliance with all of those rules; it could not have been made at all without compliance with some of them. It follows that the telephone was used, as contended by both the Local Chairman at the initial conference, and the General Chairman at subsequent levels of handling."

"for payment of 8 hours at $1.922 per hour on account of helper engine 8436, Engineman Wylie, crossing over by Sizerville and throwing switches for the crossover movement on February 23, 1954."

One of the many Awards cited by or in behalf of Organization is Award 4289 (Rader), a sustaining Award. It is distinguished from the facts here present because the claim there sustained was that

"* * * when 'RA' Block Station was closed, * * * all the work of the position was not abolished in fact, but remaining work was turned over to employes not under the coverage of the Telegraphers' Agreement; * * * " (Emphasis added.)

Employes' position here is that Sizerville Block Station

"· * * was closed August 18, 1947 and all work was abolished, including the handling of ground switches. * * * When the September 1, 1949 Agreement was made, Sizerville was left out of the Agreement on the basis that no office or work existed at that point. * * * "

The claim here arises as a result of the crossover movement of February 23, 1954.

Rule 4-S-1 of the applicable agreement provides:

"(a) An employe shall not be required to throw ground switches, except in cases of emergency, unless the regular duties of the position involved include the performance of such service.

"(b) When the duty of throwing ground switches is regularly assigned to a position, the rate of pay of such position shall be adjusted by agreement, in writing, between the duly accredited representative and the proper officer of the Company."

An appraisal of such Rule indicates that the contracting parties did not consider the throwing of ground switches as part of the normal duties of a telegrapher; otherwise there would have been no necessity for the inclusion of a special rule providing that telegraphers

"shall not be required to throw ground switches"

It is, however, a Rule which is controlling here because it is abundant proof that the throwing of ground switches is not work which belongs to Telegraphers to the exclusion of all other classes or crafts. There have been many Awards of this Division which have denied claims for non-exclusive work, including Awards 7031 and 7784.

Accordingly we will hold that the throwing of a ground switch at Sizerville crossing by an engine crewman of helper engine 8436 on February 23, 1954 was not violative of the applicable agreement.

A denial Award will be made.

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 the Agreement was not violated.

AWARD