NATIONAL RAILROAD ADJUSTMENT BOARD

_ Award Number 23316

THIRD DIVISION Docket Number CL-23289

Rodney E. Dennis, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employer PARTIES TO DISAITE: (The Balr;nove and Ohio Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8963) that:

(1) Cattier violated the Clerk-Telegrapher Agreement when, on March 9 and 10, 1977, it required and permitted train service employees not covered by the Agreement, while performing flagging duties at Mile Post 304, Robbins, Pennsylvania, to use the telephone for the purpose of securing train location information for the protection of workmen, equipment and/or material of the West Penn Power Company, and

(2) Because of such impropriety, Carrier shall compensate Operators A. E, Albins sad J. V. Sto£sa eight (8) hours' pay ($51.09) for the dates of March 9 and 10, 1977, reapeetfaoe3y.

OPINION OF BOARD.- Petitioner alleges a violation of Rules No, 1 - Scope - and
No. 66 of the June 4, 1973 Agreement between the parties.
On Mash 9 and 10, 1977 Carrier utilized a train service employs to provide flag
ging protection at Hobb3us., Peunsriaaa3a, where an electric power company was
engaged in stringing electric wires across Carrier's right of way. During his
tours of duty, the train service employs used a telephone to contact the claimant
operators to obtain train moat information concerning the area in which he
was ase3gned. Petitioner argues that as employs covered by the Clerical Rules
Agreement should have been used to perform the service in dispute.

These parties have advanced these arguments involving these same rules in three prier disputes. Those disputes have resulted is Docket No, 87 of Special Bvsxd of Adjustment No. 355 and Aaerrd Nos. 21786 and 21946 of this Division. All of them decinlo_g have been adverse to petitioner's pleadings. There is nothing new frees petitioner in this case that was not addressed in the prior awards. We agree vmth the conclusions reached. i a;those awards.

F 'IBS:. The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

Award Number 23316

Docket Number CL-23289 Page 2

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 BARD

By Order of Third Division

ATTEST:

Exe

cutive Secretary

Dated at Chicago, Illinois, this 19th day of June 1981.

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