PARTIES TO DISPUTE:


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


1. Carrier violated the agreement between the parties when, on September 22, 1958, it required or permitted an employe not covered by the agreement to transmit a message at Bonsack, Virginia.

EMPLOYES' STATEMENT OF FACTS: The agreements between the parties are available to your Board and by this reference are made a part hereof.


Bonsack, Virginia is a station on the Norfolk Division of this Carrier's lines. Prior to May 16, 1958, there was an agent and operator position at this station 8:00 A. M. to 5:00 P. M., a five-day position with Saturdays and Sundays as rest days. The position was abolished and the station closed after the close of business May 15, 1958.


At 3:49 P. M., Monday, September 22, 1958, the Timekeeper of Extra Force 30-S, at Bonsack, transmitted the following message:


"Bonsack, Va. Sept. 22, 1958
 J. W. Neikirk
 W. S. Clement -Roanoke

 Progress report. Eastbound main track Mile Post 250-252 extra force No. 3-S worked 36 laborers surfaced 7020 feet main line rail surfaced one No. 10 and 1 No. 20 turnout. Renewed 56 No. 4 and 5 main line ties.

The above message was transmitted by use of the company telephone and was transmitted to an operator in "GM" Telegraph Office at Roanoke, Virginia. The operator in "GM" received and copied the message and arranged



12118-22 809

The Carrier desires to point out that the jurisdiction of the Third Division, National Railroad Adjustment Board, is limited to the matter of interpretation or application of agreements and that such Division has no jurisdiction whatsoever to write any agreement or to read any non-existent rule into an agreement, which it would be doing if it sustained the instant claim.


The Carrier's position as set forth in this submission clearly proves there is no merit whatever to the Employes' claim in this case.






OPINION OF BOARD: No telegrapher was assigned to the Bonsack, Virginia station. On September 22, 1958, the Timekeeper of Extra Force 30-S, at Bonsack transmitted the following message:


"J. W. Neikirk
 W. S. Clement -Roamke


Petitioner contends that this work is reserved to telegraphers under Rule 1 of the Agreement. This rule does not define the work which is reserved to telegraphers. Since the message is not concerned with the operation of trains or the safety of persons and property, Petitioner is required to show that progress report messages were historically and traditionally reserved to telegraphers. Petitioner has failed to establish by a preponderance of evidence that this type of work is reserved to telegraphers either through custom,, practice or tradition.


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 this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and


    That the Carrier did not violate the Agreement.


    AWARD Claim is denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 24th day of January 1964.