(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes ( (Formerly Transportation-Communication Employees Union) PARTIES TO DISPUTE: (Illinois Central Railroad Company

 STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
 munication Employees Union on the Illinois Central Railroad,
 that:

                          Car. File: 137-218-795

                          Spl. Case No. 526 Tel.


1. Carrier violated the terms'of an agreement between the parties hereto when on January 21, 1966, it required or permitted an employee outside the scope of said agreement to transmit a communication of record (work and pick up message) over the telephone from Champaign to the Operator at Clinton, Illinois.

 2. Carrier shall, because of the violation set out above compensate Operator E. L. Luke for a day's (8 hours) pay at the applicable rate of pay.

              CLAIM N0. 2


                          Com. File: None

                          Car. File: 137-218-795

                          Spl. Case No. 520 Tel.


1. Carrier violated the terms of an agreement betweeh the parties when on January 22, 1966, it required or permitted Engineer Schaefer on No. 65 Eng. 9156 at Alhambra, Illinois, to call the dispatcher on the telephone in connection with the move
2. Carrier shall, because of the violation set forth above, compensate Operator J. M. Resetto, o Salter, idle and available on their rest day or days, at the rate applicable at Alhambra, Illinois.

              CLAIM NO. 3


                          Com, File: None

                          CAR. FILE: 137-218-795

                          Spl. Case No. 52.3 Tel,


1. Carrier violated the terms of an agreement between the parties hereto when on January 25, 1966 it permitted or required an employee not within
                    NATIONAL RAILROAD ADJUSTMENT BOARD

                    Award Number 19285

                    THIRD DIVISION Docket Number TE-17250


                        Arthur W. Devine, Referee


        (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes ( (Formerly Transportation-Communication Employees Union) PARTIES TO DISPUTE: (Illinois Central Railroad Company


        STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com

        munication Employees Union on the Illinois Central Railroad,

        that:


                    CLAIM NO. 1

                                Com. File: None

                                Car. File: 137-218-795

                                Spl. Case No. 526 Tel.


        1. Carrier violated the terms of an agreement between the parties hereto when on January 21, 1966, it required or permitted an employee outside the scope of said agreement to transmit a communication of record (work and picY up message) over the telephone from Champaign to the Operator at Clinton, Illit


        2. Carrier shall, because of the violation set out above compensate Operator E. L. Luke for a day's (8 hours) pay at the applicable rate of pay.


                    CLAIM N0. 2


                                Com. File: None

                                Car. File: 137-218-795

                                Spl. Case No. 520 Tel.


        1. Carrier violated the terms of an agreement between the parties when on January 22, 1966, it required or permitted Engineer Schaefer on No. 65 Eng. 9156 at Alhambra, Illinois, to call the dispatcher on the telephone in connection with the move


        2. Carrier shall, because of the violation set forth above, compensate Operator J. M. Resetto, o Salter, idle and available on their rest day or days, at the rate applicable at Alhambra, Illinois.


                    CLAIM N0. 3


                                  Com. File: None

                                  CAR. FILE: 137-218-795

                                  Spl. Case No. 528 Tel.


        1. Carrier violated the terms of an agreement between the parties hereto when on January 25, 1966 it permitted or required an employee not within

i
                  Award Number 19285 Page 3

                  Docket Number TE-17250


We believe it is unnecessary to discuss the arguments of the parties in detail. Our examination of those arguments, in view of the facts of record, lead us to a conclusion that with respect to claims Nos. 2 and 4 the agreement was violated, and that as to claims Nos. 1, 3 and 5 no violation of the agreement is shown. The disp
        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 violated to the extent indicated in the Opinion.


                      A W A R D


Claims Nos. 2 and 4 sustained; Claims Nos. 1, 3 and 5 denied, in accordance with the Opinion and Findings.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: -
 Executive Executive Secretary

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


i