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

(1) Carrier violated the Agreement when commencing on November 1, 1976, and continuing thereafter, it required and/or permitted employees, who are not covered by said Agreement, to cancel Manual Block System clearances, which are train orders governing the movement of trains over the Winooski Subdivision.

 (2) Clerk E. E. Rochelesu shall now be allowed two (2) hours pay, at the overtime rate of the Essex Jet. Mobile Agent position, for November 1, 1976, and for each subsequent day the violation occurred until February 9, 1977. Clerk H. G. Howard shall now be allowed two (2) hours pay, at the overtime rate of the Essex Jet. Mobile Agent position, for February 10, 1977, and each subsequent day the violation occurred until April 12, 1977, when the violation was corrected.

 OPINION OF BOARD: Carrier has a single track running off the main line at
 Essex Jet., Vermont, and continuing to Burlington,
 Vermont, which is known as the Winooski Subdivision. For many years Carrier
 maintained a first shift Operator's position at Essex Jet., Vermont, whose
 duties included handling train orders covering train movements on the
 Winooski Subdivision. Also headquartered at Essex Jet. was a Mobile Agent
 who was responsible for the Agency work between Georgia, Vermont, and Bolton,
 Vermont. On June 30, 1976 these two positions were consolidated. Effective
 July 1, 1976, the Essex Jet. Mobile Agent was assigned the duties previously
 performed by the Essex Jet. Operator, and continued to do so until October 31,
 1976. On that date Carrier issued a new time-table which established a
 Manual Block System for the Winooski Subdivision. The Manual Block System
 established an M.B.S. clearance which replaced the Form H train order on the
 Winooski Subdivision. The clearance authorized trains to occupy and use a
 certain track between specific points.


Prior to initiation of the Manual Block System, conductors on trains leaving Winooski Subdivision would annul their train orders with the Essex Jct. Mobile Agent. After its initiation, enginemen on trains leaving the Winooski Subdivision were required and/or permitted to cancel their M.B.S. clearance by contacting train dispatchers direct via long distance radio from Essex Jct., Vermont, by-passing the Mobile Agent. This procedure was abandoned by Carrier effective April 12, 1977 when trains leaving Winooski Subdivision began cancelling their M.B.S. clearance through the Essex Jct. Mobile Agent.

 On December 8, 1976, continuous claim effective November 1, 1976 was filed by the Organization on behalf of the incumbent of the Mobile Agent position, based on the proposition that Manual Block System clearances are train orders and should be handled in accordance with Article 76 of the Working Agreement. Article 76 reads in part:

                      "ARTICLE 76


                    Handling Train Orders


        76.1 No employee, other than covered by this agreement and Train Dispatchers will be permitted to handle train orders at telegraph or telephone offices where an operator is employed and is available, or can be promptly located, except in emergency in which case the employee will be paid for the call."


Upon analysis of the entire record before us, we find persuasive the Organization's argument that for purposes of Article 76.1 M.B.S. clearances are the equivalent of train orders. See Awards 3-6863; 3-12702; 3-10435; 3-10534; 3-10699; 3-11297. It is important to note in that connection that the territory in question is not CTC territory.

 Based upon all of the foregoing we shall sustain the claim of the period of violation November 1, 1976 to April 12, 1977. Carrier arguments regarding appropriate damages were untimely raised and not joined on the property; accordingly the "penalty" allegation cannot be considered by us.

        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;

                      Award Number 22978 Page 3

                      Docket Number CL-22290


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.


                      A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: s4? /e:5~
        Executive Secretary


Dated at Chicago, Illinois, this 29th day of September 1980.