THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

NORFOLK AND WESTERN RAILWAY COMPANY

(Lake Region)


STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Norfolk and Western Railway (Lake Region), that:





EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties effective February 1, 1951 as amended and supplemented is available to your Board and by this reference is made a part hereof.


These claims were presented and progressed in accordance with the time limits provided by the Agreement up to and including appeal and conference with the highest officer designated by the Carrier to receive appeals. Having failed to reach a settlement, the Employes now appeal to your Honorable Board of adjudication.


The violations of the Agreement at issue in these claims occurred at AC&NA Junction, a point where two Branch lines spring off of the Wheeling District main line of the Carrier which extends from Brewster Yard to Terminal Junction. In order that trains operating over these branches may leave or enter the main track from either direction (east or west), switches

The use of the telephone by train crews as specifically described in the instances occurring on the three dates cited in the original claim letter (Carrier's Exhibit A) has been a regular occurrence since before 1931. None of the conversation monitored and cited by the Employes became a matter of train sheet information.

The handling of the claim on the Carrier's property is shown by the following letters which are reproduced as Carrier's Exhibits:













OPINION OF BOARD: For the reasons set forth in the opinion covering Award Number 17036, we will deny the claim.

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

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That the Agreement was not violated.



Claim denied.






Dated at Chicago, Illinois, this 26th daY of March 1969.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.

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