Operator-Clerks has existed since the operator-clerk positions were first established on the railroad and has never been bargained away. It was, in fact, carefully preserved when its agreement with Clerical Employes was negotiated in Article 1(f), Exceptions, reading:

"1 (f) Exceptions. - This agreement does not apply to employes engaged in classes of service which are now included, or are properly to be included, in agreements reached with other organizations; or to those in the police department; or to those paid $30.00 per month or less for limited or special service which requires only a portion of their working time." (Emphasis ours).

The current agreement with Telegraphers became effective May 1, 1924 and was, therefore, in existence, along with all the conditions and practices attaching thereto, including the unrestricted performance of clerical work by operator-clerks, when the agreement became effective with Clerical Employes on September 15, 1938. Prior to the negotiation of the latter mentioned agreement with Clerical Employes on September 15, 1938, that craft of Employes had not been covered by an agreement since shortly after the end of Federal control of railroads.

Your Board has recognized the right of Carriers to fill out the time of Telegraphers by requiring them to perform clerical work so often that it should have long since ceased to have been an issue. As was stated in your Award No. 7322, with Referee Edward F. Carter:

"This rule has become so embedded in the holdings of this Board that a departure from it would produce a chaotic condition in the work of this Board."

Carrier submits further that a deviation from that rule would have an even more disastrous effect upon the efficiency, orderly and economical conduct of transportation by rail throughout the Nation.

In consideration of the foregoing, Carrier respectfully requests that the claim be denied

All data submitted herein has been presented in substance to the duly authorized representatives of the Employes and is made a part of the particular question in dispute.

The Carrier is making this submission without having been furnished copy of Employes' petition and respectfully requests the privilege of filing a brief answering in detail their ex parte submission on any matters not already answered herein, and to answer any further or other matters advanced by the Petitioner in relation to such issues.

OPINION OF BOARD: Claimant was a Cashier at Cookeville, Tennessee at and prior to the time covered by this dispute. His work week was Monday to Friday, with Saturday and Sunday as rest days.

It is undisputed that during his regular work-week he was regularly assigned to handle the mail here in dispute. Consequently, he was entitled to be called to perform such work on the Saturdays in dispute in accordance with the third sentence of Rule 31/2 (i). The record reveals that Claimant was called to perform the mail handling on Saturdays prior to July 24, 1954, and compensated on a call basis.

There is no evidence of record that any of the disputed work was performed by the telegrapher on Holidays or Sundays.

Therefore, claim is sustained for each Saturday that the telegrapher performed any mail handling on Saturdays between July 24, 1954 and November 21, 1954. Claim for Holidays and Sundays denied.

FINDNGS: 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 Employe involved in this dispute are respectively Carrier and Employe 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 contract was violated to the extent indicated in the Opinion.

AWARD