((Formerly Transportation-Communication Employees Union PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-
 Communication Employees Union on The Pittsburgh & Lake Erie Railroad Company, that:

 1. Carrier violated the December 13, 1954 Agreement when it required the Yardmaster located at Dickerson Run, Pa. to transmit the following instructions to the Yardmaste Yard District, January 24, 1965, C&E - BTI - Extra 505 Connellsville, "Pull your train in on I)7 carefully, close angle cock on west car, engines back 28. F.W.L. 12:47 P.M., Yardmaster Dickerson Run, Ben Husband, Yardmaster Bowest L. 0. Burke.

 Claim is hereby presented for Operator J. P. John, on January 24, 1965, at the time of violation of Claim #I, for the amount of $2.75 per hour for 8 hours or a total claim of $22.02.

 This is to be a continuing claim for each time the Yardmaster at Dickerson Run transmits instructions outside of his Yard District, (107-7903) (TE-471)

 2. Carrier violated the December 13, 1954 Agreement when it permitted and required the Yardmaster located at Dickerson Run, Pa. to transmit the following instructions to Yardmaster Timbath at Bowest.

 "Place Piggy Back empties on No. 4 Piggy Back track. Back Connellville against permanent ramp." at East End. Engines back 4127 track."

 The above message was transmitted about 2:50 A.M. on January 26, 1965.

 Claim is also presented for Operator C. W. Metzger on duty on January 26, 1965, at the time of violation of Claim No. 2, for the amount of $2.75 per hour or 8 hours for a total claim of $22.02 for Mr. Metzger.

 This is to be a continuing claim for each time the Yardmaster at Dickerson Run transmits instructions outside of his Yard District.
 (107-7903) (TE-472)


OPINION OF BOARD: This dispute relates to two instances, January 24 and 26,
 1965, when a yardmaster at Dickerson Run, in communication with a yardmaster of the Western Maryland Railroad at Bowest, transmitted instructions covering the yarding-of Western Maryland trains when they reached the Dickerson Run Yard.

 The petitioner contends that such handling of instructions violated a Memorandum of Agreement dated December 13. 1954, which has the effect of restricting communications of the kind here involved to the particular yard districts as defined therein.

 In addition to the two dates specified, claim is also made on a continuing basis "for each time the yardmaster at Dickerson Run transmits instructions outside of his Yard District."

 Carrier resists the claims, contending =hat the Memorandum of Agreement has no application when the claim for subsequent dates is invalid for lack of specificity.

 After a careful consideration of the entire record we conclude that the Memorandum of Agreement makes no distinction with respect to the identity of trains that may be involved, therefore, the claims for the specific dates of January 24 and 26, 1965, must be sustained. The claims for subsequent dates, however, lacking the necessary specifics of facts and dates, which conceivably could be different for instances where it might be alleged that the yardmaster improperly transmitted instructions outside his district, are speculative rather than of a continuing nature. Therefore, these portions of the claims are 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 violated as set out in the Opinion.

                    Award Number 19375 Page 3

                    Docket Number TE-16544

                    A W A R D


        Claims sustained to the extent indicated in the Opinion and Findings.


                        NATIONAL RAILROAD ADJUSTMENT BOARD 6414 Afoe. By Order of Third Division


ATTEST:

        Executive Secretary


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