(Central Vermont Railway, Inc.
 PARTIES TO DISPUTE:
 (Brotherhood of Railway, Airline and Steamship Clerks
 ( Freight Handlers, Express and Station Employes

 STATEMENT OF CLAIM: Since Article VIII of the National Agreement dated Feb
 ruary 25, 1971, accords the Carrier the exclusive op
 tion either to consolidate clerk-telegrapher work~or not to consolidate, and
 contains no prohibition against it, may the Carrier withdraw a notice of its
 desire to consolidate such work, where the Carrier advises the Organization
 of that withdrawal prior to any agreement being effected on such consolida
 tion?

 OPINION OF BOARD: The issue in this dispute is identical with that dealt
 with by this Board in Award 20161. The Claim, presented
 by the Carrier, presents the question of whether the Carrier may withdraw
 its notice and proposal that the BRAC-TCU Agreements be combined in accord
 ance with the National Agreement dated February 25, 1971.

 On February 16, 1972, Carrier served notice of its desire to exercise the option provided by Sec dated February 25, 1971 and to combine the rosters of the Clerks and Telegraphers. After more than a Carrier, on May 9, 1973 advised the Organization's representatives, at a conference, that it did not think it could afford the cost of a merged agreement. On June 19, 1973 Carrier formally withdrew its notice dated February 16, 1972 thus precip
The sole discernible differsnce in circumstances in this dispute is that Carrier, with considerable candor, indicated it had second thoughts about the merged agreement because of the potential cost. Thus, in this

 instance we are furnished with a motive for the change initiated which was only speculative in t question
 propounded herein differs not one whit from the prior dispute; is the Car
 rier precluded from withdrawing its option? We find no reason to change
 our thinking from that expressed earlier, and on the principle of stare
 decisis, we must conclude that Carrier could not be permitted to change
 its mind after exercising its option.







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 Hoard has jurisdiction over the dispute involved herein; and



The Carrier cannot withdraw its notice of its desire to consolidate work under Article VIII of t

                            By Order of Third Division


ATTEST: -Executive Secretary

 Dated at Chicago, I111fois., this 31stday of July, 1974.