Instructions as to where to yard a train upon arrival at a yard have never been issued by train orders, but are accomplished in a number of ways and have been for years. Here are a few factual ways this has been and is accomplished:

1. The yardmaster will call the dispatcher and ask him to tell train so and so to head into track so and so when it arrives at the yard. The dispatcher will then tell the crew orally when the crew calls in as to what track the yardmaster wants the train yarded on when it arrives at the yard.

2. Upon arrival at a yard the yardmaster sometimes is there and orally instructs a crew what track to head in as the inbound train slowly pulls by. Switch tenders also do this.

3. Sometimes Switch tenders have the switches all lined for the movement into the track on which the train is to be yarded and nothing is said. Sometimes Switch tenders have only a portion of the movement lined and as the train pulls by will tell the crew "when you get to such and such a place head into track so and so."

4. Some yards have intercoms known as squawk boxes which only require speaking into to have direct conversation with the yardmaster. As trains pull by these a crew asks "where do you want us" and the yardmaster tells them "head into track so and so."

5. Such information is handled by radio-as here.

During handling on the property, the Organization cited 4268 and 4456, but these awards have no application whatsoever.

(Exhibits not reproduced.)

OPINION OF BOARD: On September 5, 1960, train No. 93, westbound (freight) departed from Liberal, Kansas to Dalhart, Texas. A train order was issued giving it authorization to run ahead of train No. 3, also westbound (passenger). This train stopped at the east switch of the westbound yard lead Dalhart Yard, the usual entrance into the yard. The Yard Clerk, on instructions from the Yardmaster, gave instructions to the crew on No. 93 by radio telephone to:

"come down the main line and head in at Welch Crossover."

No. 93 in compliance with these instructions continued down the main line beyond the east switch preparing to cut into the yard at Welch Crossover. While No. 93 was coming down the main line as instructed it collided with yard engine No. 374.

The position of the Claimants was that the transmission of the above information by the Yard Clerk was analogous to a train order.

The Carrier contends that the train movement described herein was that of yarding the train which has been performed by clerks and other classes of employes at this location in the past.

We are of the opinion that the message of the Yard Clerk was not a train order. The Scope Rule of the Agreement doesn't give this work ex-

elusively to the Telegraphers. Furthermore, the record reveals that this work yarding trains by the use of radio has been performed by Yard Clerks, as well as employes belonging to other classes and crafts from the time radio was first used on the property. This contention was not denied in the record by the Claimants.

Thus we are of the opinion that the Agreement was not violated as the communication was in furtherance of yarding train No. 93.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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 Agreement teas not violated.

AWARD