PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS




STATEMENT 1. Carrier violated the Agreement between the parties hereto when
OF CLAIM: on December 8, 1952, it caused, required or permitted Brakeman
Kinney on train No. 98, an employee not covered by the Telegraphers'
Agreement to handle (receive, copy and deliver) Train Order No. 214
at High Grade Crossing about one mile west of St. Marys, West
Virginia, which work was and is reserved solely to employees covered
by the Telegraphers' Agreement.
2. Carrier be required to compensate Mr. H. E. Nowell, the agent
operator at St. Marys one special call of two hours at overtime
rate because of said violation on December 8, 1954.
FINDINGS: On the date of claim the crew of train #98 held a train order instruct-
ing them to wait at the train order station at St. Marys until 7.40 A.M. At High
Grade, approximately k mile from the train order station at St. Marys, the head
brakeman called the dispatcher to obtain an annulment of the wait order. Other
trains which they were to meet at that point apparently had been considerably de
layed.

In the circumstances here present the operator at St. Marys should have been called out to copy the train order involved. There was no emergency and the copying of train orders in the vicinity of St. Marys was clearly work accruing to the operator position established there.



Claim (1), (2) Sustained.


                      Francis J. Robertson,

                      Chairman


/s/ B. N. Kinkead /s/ T. S. Woods
B. N. Kinkead, T. S. Woods,
Employee Member Carrier Member

Dated at Baltimore, Maryland this 24th day of April, 1957

July 2, 1957/th