Thomas L. Hayes, Referee


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


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

        munication Employees Union on the Southern Pacific Company

        (Texas and Louisiana Lines), that:


                            Claim No. 1

                            (TE-65-176)


        1. Carrier violated the Agreement between the parties on April 29, 1965, when it allowed or required an employee not covered by the Agreement at Port Lavaca, Texas, to transmit communication of record.


        2. Carrier shall allow Mrs. L. A. Davis, regularly assigned to AliceCorpus Christi, Texas, relie


                            Claim No. 2

                            (TE-65-177)


        1. Carrier violated the Agreement between the parties on April 29, 1965, when it allowed or required an employee not covered by the Agreement to copy a communication of record at Victoria, Texas.


        2. Carrier shall allow J. E. Goode, Telegrapher-Clerk, a day's pay at the time and one-half rate.


                            Claim No. 3

                            (TE-65-169)


        1. Carrier violated the Agreement between the parties on May 4, 1965, when it allowed or required an employee not covered by the Agreement to transmit communication of record at Port Lavaca, Texas.


        2. Carrier shall allow Mrs. V. L. Fullick, Telegrapher-Clerk, a day's pay at the time and one-half rate.


                            Claim No. 4

                            (TE-65-175)


        1. Carrier violated the Agreement between the parties on May 4, 1965, when it allowed or required an employee not covered by the Agreement to copy a communication of record at Victoria, Texas.


I
                              Award Number 19374 Page 2

                              Docket Number TE-16492


            2. Carrier shall allow Mrs. J. R. Tomlinson, regularly assigned to Victoria-Wharton, Texas, relief position, a day's pay at the time and one-half rate.


                                  Claim No. 5

                                  (TE-65-173)


            1. Carrier violated the Agreement between the parties on May 12, 1965, when it allowed or required an employee not covered by the Agreement to copy a communication of record at Victoria, Texas.


            2. Carrier shall allow Mrs. J. R. Tomlinson, regularly assigned to Victoria-Wharton, Texas, relief position, a day's pay at the time and one-half rate.


                                  Claim No. 6

                                  (TE-65-171)


            1. Carrier violated the Agreement between the parties on May 12, 1965, when it allowed or required an employee not covered by the Agreement to transmit communication of record at Port Lavaca, Texas.


              2. Carrier shall allow Mrs. A. W. Crafton, Telegrapher-Clerk, a day's pay at the time and one-half rate.


                                  Claim No. 7

                                  (TE-65-174)


            1. Carrier violated the Agreement between the parties on May 12, 1965, when it allowed or required an employee not covered by the Agreement to copy a communication of record at Victoria, Texas.


              2. Carrier shall allow Mrs. V. L. Fullick, Telegrapher-Clerk, a day's pay at the time and one-half rate.


              OPINION OF BOARD: This case involves seven claims and the issue of whether the

              activities of Carrier's employes in the exchanges of certain

              information constituted acts of such a nature that the performance of the same

              would be reserved exclusively to the telegraphers and, if so, whether their per-

t, formance by another craft entitles the claimants to payment of eight hours' pay
              at the time and one-half rates.


              The Scope Rule of the Telegraphers is general in nature and we must then look to practice, custom and tradition to ascertain whether or not the work in dispute has been performed exclusively by this craft.

                  Award Number 19374 Page 3

                  Docket Number TE-16492


A careful review of the record indicates that the telegraphers failed to prove by a preponderance of evidence that conversations giving advance information regarding the information, are messages of a kind that have been and must be transmitted exclusively by telegraphe
        In view of the foregoing, the claim is denied.


        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 41040By Order of Third Division


        ATTEST: Executive Secretary


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