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

(1) Carrier violated the terms of the Agreement between the parties when, on various dates during December, 1975, it required and permitted employees not covered thereby, to perform the assigned duties of third-trick Block-Operator-handling switches position at WJ Tower, Wilsmere, Delaware.

 (2) Carrier shall, because of the violation set out above, compensate the named idle and available employees, eight (8) hours' pay at the third-trick "BS" position WJ Tower rate of pay for each date, as hereafter shown:







OPINION OF BOARD: Basis for this claim arose when a vacancy for a third
 trick Operator position was left vacant at WJ Tower
 in the (Wilsmere) Wilmington, Delaware yard. The claim initiated thereafter
 asserts that Yardmasters performed duties reserved to that position and,
 with particularity, communications directly with Train Dispatcher relative
 to the movement and blocking of trains. The claim also asserted or implied
 the copying of train orders and blocking of trains.

 The record indicates no proof that any trains were actually blocked or orders copied. As to the communication aspects raised in the claim, the Organization seemingly depends upon a former Telegrapher's Rule strictly limiting conveyance by telephone or other devices of train orders and messages to Dispatcher by Operators. Such provision was replaced by a new



                    Award Number 22718 Page 2

                    Docket Number CL-22552


Rule issued concurrent with the merger of the Telegrapher craft into the Organization; the new Rule has no such restrictive language.

 While the Organization raises several other matters on its ex parte submission to the Board, the record indicates such subjects were not part of the claim, not discussed on the property and thus will not be addressed here.

        We find no basis to affirm the Organization's claim herein.


        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 is denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 11th day of January 1980.


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