(Brotherhood of Railway, Airline and Steamship
 ( Clerks, Freight Handlers, Express and
 ( Station Employes
 PARTIES TO DISPUTE:
 (Missouri Pacific Railroad Company

1. Carrier violated the Linemen's Agreement, in particular, Rule 1 and Rule 2 (b), when, beginning October 1, 1970, and continuing seven days per week, it required Carmen and Apprentice Carmen, employes who are not covered by the Linemen's Agreement, to check and test RadioTelephones in Carrier caboose are located on the Caboose Supply Track (Carrier's File 279-1119).

 2. Carrier shall now be required to compensate Telephone and Telegraph Maintainers J. R. Funk and T. L. Turland, beginning October 1, 1970 and continuing until the violation is corrected, as follows:



OPINION OF BOARD: Petitioner argues that the Carrier violated the parties'
 Agreement when Carmen and Carmen Helpers were permitted to check and test radio-telephone equipment installed in Carrier's cabooses, when such cabooses were between train assignments. Carrier joined the Brotherhood of Railway Carmen of America as a Third Party in the dispute (TCEU v. UP, 385 U. S. 157-166); and notice was given to the Carmen's Union, which did participate in the proceeding before Submission in the dispute.

 The crux of petitioner's case is that Carmen and Carmen Helpers are checking and testing radio-telephone equipment and that such checks and tests involve the use of equipment of their craft, such as hydrometers and voltage meters. Tests work reserved to its craft by its Scope Rule. The Carrier defends by stating that the tests involved do not require the performance of functions connected with Linemen's duties, and that no equipment is used in making such tests, and that they involve but a simple voice


check to determine if a particular radio in a particular caboose is operational prior to releasing the unit for a train assignment. Further, the Carmen's Union indicates that Carmen and Carmen Helpers merely are making a simple voice check to determine if the radio-telephone is operational; and if it is not, Linemen are notified so that any malfunctions can be corrected by the
petitioner, while alleging something more than a voice check, has not submitted evidence to support this allegation. If such evidence had been submitted, and if in fact the radio-telephone checks performed by Carmen and Carmen Helpers involved something more than a simple voice check, our findings may have differed. However, we do not think that a simple voice check of a radio-telephone to determine if it is operational is the same as performing the work of checking and testing radio-telephone equipment.

        FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over the dispute involved herein; and

        That we will deny the claim.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By Order of Third Division


ATTEST: o4uza.,

          Executive Secretary


Dated at Chicago, Illinois, this 17th day of January 1975.