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

STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
munication Employees Union on the Southern Pacific Company
(Pacific Lines), that:



1. Carrier violated the terms and intent of the current TCU Agreement, Rules 1, 2, 14, 16, 17 an communication of record affecting the movement of a train.

2. Claim in behalf of R. R. Weicker, regular assigned 3rd Wire-ChiefTelegrapher-Clerk, Stockton, call at the overtime rate of his regular position for November 3, 1965.



1. Carrier violated the Telegraphers' Agreement, Rules 1, 2, 16 and 17, January 30, 1965, when it caused, required and permitted Roundhouse Foreman Hill, an employee not covered by the Telegraphers' Agreement, to perform work of copying communication of record by telephone at Klamath Fallas, Oregon.


Clerk, P.M.O. Klamath Falls, Oregon, for one call, two hours, at time and one
half pro rata rate (pro rata rate $3.0878 per hour) for the violation above set
forth. Total amount $9.2634.



1. Carrier violated the intent and purpose of the current Telegraphers' Agreement, Rules 1, 2, 16 and 17, on January 30, 1965, at 4:20 a.m. at Eugene. Yard, Oregon and Klamath Falls Yard, Klamath Falls, Oregon, when work belonging exclusively to emplo therefrom and required or permitted Clerk in Master Mechanic's office at Eugene Yard to telephone a communication of record to Roundhouse Foreman at Klamath Falls Yard, Oregon.



2. Claim on behalf of H. S. Fults, Tel-Clk-PMO, Eugene Yard who is assigned to work Tuesday through Saturday from 8:00 a.m. to 4:00 p.m. with Sunday-Monday rest days, for one special call of two (2) hours at the overtime rate for the violation at Eugene Yard.

OPINION OF BOARD: On the basis of numerous awards deciding similar issues in
disputes between these parties we are not convinced that
the telephone conversations here involved fall within any category held by such
awards to constitute work reserved to the telegraphers. Therefore, the claims
must be denied.

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 Agreement was not violated.


                    A W A R D


        Claims denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 28th day of July 1972.