Claude S. Woody, Jr., Referee


        (Brotherhood of Railway and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Detroit, Toledo and Ironton Railroad Company


                    STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5830) that:


        1. Carrier violated the Clerks' Agreement when, on or about May il, 1964, it established an Operator-Clerk position at Springfield, Ohio, and arbittarily assigned that other locations to an employe who is not covered by the scope and other rules of the Agreement.


        2. Carrier shall now be required to allow claim in behalf of the named claimants as follows:


                    C. F. Davis -8 hours at overtime rate of

                    $20.80 per day for May 13, 20,

                    27, June 3, 10, 17, 24, July 1

                    and 8, 1964.

                    R. W. Callaham -8 hours at overtime rate of

                    $21.43 per day for May 14, 21,

                    28, June 4, 11, 18, 25, July 2

                    and 9, 1964.

                    L. Hayner -8 huurs at overtime rate of

                    $20.80 per day for May 11, 18,

                    25, June 1, 8, 15, 22, 29 and

                    July 6, 1964.

                    C. E. DeWitt -8 hours at overtime rate of

                    $24.02 per day for May 12, 19,

                    26, June 2, 9, 16, 23, 30 and

                    July 7, 1964.

                    W. E. flyer -8 hours at overtime rate of

                    $20.80 per day for May 16, 23,

                    30, June 6, 13, 20, 27 and

                    July 4, 1964.


_v.
                        Award Number 19284 Page 2

                        Docket Number'CL-15991


                    J. M. Ebling -8 hours at overtime rate of

                    $20.11 per day for May 17, 24,

                    31, June 14, 21, 28 and July 5,

                    1964.

                    C. A. Smith -8 hours at overtime rate of

                    $20.80 per day for May 15, 22,

                    29, June 5, 12, 19, 26 and

                    July 3, 1964.


      OPINION OF BOARD: This claim is the result of the establishment of an

      operator-clerk position, 5:00 p.m. to 2:00 a.m. at Spring

      field, Ohio.


      A portion of the work assigned to this position included the operation of an IBM 1050 machine to Carrier assigned this work to an employee covered by the Telegraphers' Agreement. During hours other performed by the clerical employees.


      The clerks filed this claim alleging that a violation of the rules resulted from this specific assignment to the telegraphers.


      To sustain the claim would, in effect, result in removing the work from the telegraphers and assigning it to the clerks.


            The so-called third party rules apply to this dispute.


      An examination of the record conclusively illustrates that the proper third party notice was given and that all of the requirements set forth by the United States Supreme Court in TCE Union vs. Union Pacific Railroad Company 385 U.S. 157 (1966) have been complied with and therefore the case is properly before the Division for determination.


      In particular reference to the facts presented by the clerks, we hold that the inter-terminal transmission of messages is not reserved to the clerical employces by the Agreement and further., that the petitioners have not proven as a matter of practice, custom and tradition that said work is theirs exclusively.


              In accordance with these findings the claim is denied


I
                  Award Number 19284 Page 3

                  Docket Number CL-15991


        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 was not violated.


                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: ,~,,1%/,~!_,~14 Executive Secretary


        Dated at Chicago, Illinois, this 22nd day of June 1972.