"To C&E All South November 5, 1957 Greenville, South Carolina

From 7:01 seven naught one a.m. November 5th fifth until 2:31 two thirty one p.m. speno ballast outfit will be working on track No. 2 two between Baldwin and Ayersville then from 2:31 two thirty one p.m. to 5:01 five naught one p.m. will be working on track No. 2 two between Ayersville and Park. Trains must approach speno outfit

chief dispatcher. When the information was received in the Greenville communications office from the track foreman on November 4, it was then converted into a so-called message and transmitted by teletype to Charlotte and Washington. Employes of the telegraphers' class or craft operated the teletype machines used in sending and receiving the messages. It is assumed the information was telephoned by the clerk-telegrapher on duty at Toccoa to the communications office in Greenville. If not telephoned it was sent by Morse code.

While employes of the telegraphers' class or craft operate teletype machines installed in telegraph (communications) offices, no provision in the Telegraphers' Agreement confers upon them any contract right to transmit, receive or otherwise handle so-called messages of record.

When the assistant trainmaster and the maintenance of way foreman used the wayside telephones, in the wayside telephone booths, in talking to the chief dispatcher in Greenville and the telegraphers on duty in the communications offices in Toccoa and Greenville, they simply had ordinary telephone conversations in connection with the conduct of the Carrier's business. They were doing so in line with the practice from time immemorial; a practice recognized by the telegraphers and their representatives.

Thus, the conclusion is inescapable that there was no violation of the effective Telegraphers' Agreement on either date involved in the claims and demands, and that there is no basis for the monetary demands here made. By no stretch of one's imagination could any of the claimants have been utilized in performing any of the functions involved. They were all regularly assigned and were observing their assigned rest days far removed from Cornelia, Ga.

The Telegraphers' Agreement has to be applied and interpreted in a logical and sensible manner. The impossible is not contemplated nor required. Yet that is what the ORT here contends should have been done.

The claims and demands being absurdities and designed to do nothing more than "make work" for employes of the telegraphers' class or craft and being without any basis under the plain, unambiguous language of the agreement in evidence, the Board cannot do other than make a denial award.

All evidence here submitted in support of Carrier's position is known to employe representatives.

Carrier, not having seen the ORT's submission, reserves the right after doing so to reply thereto and present any other evidence necessary for the protection of its interests.

OPINION OF BOARD: This case is the same in all material respects as in Docket No. TE-1007, Award No. 11812. We adopt the opinion therein as determinative of the issues in this case.

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