PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the General Committee of ,The Order of Railroad Telegraphers on the Norfolk Southern Railway that:





EMPLOYES' STATEMENT OF FACTS: Carrier's main line extends westward from Norfolk, Virginia to Charlotte, North Carolina, a distance of 381 miles. Raleigh, North Carolina is located 226 miles from Norfolk. Glendon, North Carolina is situated 61 miles west of Raleigh.

The Agreement, published August 1, 1937, listed Glendon under Article 32-Wage Scale, which provided:



11610-21 390

over the telephone system, and Item 3 provides that the telephone system may be used by anyone for necessary conversations and transmittal of oral information; that is exactly what occurred here, the information transmitted was oral and the mere fact that it may have been reduced to writing does not make it a "report of record", as your Division has heretofore rightly held.


This submission is made in accordance with the provisions of motion of the Third Division dated November 26, 1957, effective January 1, 1958, and the carrier reserves to itself all of the rights accorded it under the provisions of said motion, and to make further reply, should it desire, to the petitioners' submission, briefs and arguments.




OPINION OF BOARD: In Awards 9572, 9573, 10825, 10836 and 11509 which involved these same parties, this Board held that the use of telephones by star agents in similar circumstances did not violate the agreement.


These prior awards are governing in the present dispute and therefore the claim must be denied.


FINDINGS: The Third Division of the Adjustment Board, 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






    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 12th day of July 1963.