NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20566

THIRD DIVISION Docket Number CL-20506

William M. Edgett, Referee

(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and ( Station Employes PARTIES TO DISPUTE: (Maine Central Railroad Company ( Portland Terminal Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL7416) that:

1. Carrier violated Article 10 Para (k) of the January 1, 1951 Agreement when it neglected to call spare operator R. W, Starkey to cover the third trick Rigby Telegraph Office April 23, 1972 to copy a record of communication for a 6:00 A.M. special train April 24, 1972 in accordance with Article 1 (Scope Rule) of the January 1, 1951 Agreement,

2. Carrier shall be required to compensate Mr. Starkey eight hours pro rata rate of the third trick Rigby Telegraph Office for this violation.

OPINION OF BOARD: On April 24, 1972 Carrier ran an extra with a high wide
load from Rigby Yard to St. Johnsbury. The train orders
were handled by an employee within the scope of the Agreement. Written
clearance restrictions were handed to the Train and Engine Crews by the
Clearance Engineer.

The question to be decided here is whether the clearance instructions issued for the April 24, 1 that term is used in Article I, Scope. The train orders were, and they were properly handled under the Agreement.

Article I refers to "...mechanical machines used for transmitting or receiving communications of record ...." The clearance restrictions were not sent over a "mechanical machine". There was no transmission of them because they were prepared by the office of the Clearance Engineer and the required number of copies were delivered by the Clearance Engineer.

On this record the decision must be that the preparation and delivery of the clearance restrictions did not infringe upon the rights of telegraph service employees.

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Award Number 20566 Page 2

Docket Number CL-20506

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 A"04,0ego OW By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 30th day of December 1974.