Parties: THE ORDER OF RAILROAD TELEGRAPHERS -



STATEMENT 1. Carrier violated and continues to violate the agreement be
 OF CLAIM: tween the parties hereto when on October 10, 13, and 20, 1949,
 inclusive, and other subsequent dates it caused, required, and
 permitted train service employees not covered by the Telegrapher's
 Agreement, to handle (receive, copy, and deliver) train orders at
 Loveberry, West Virginia, which work was and is reserved solely to
 employees covered by the Telegrapher's Agreement.
 2. Carrier be required to permit a joint check of its records to
 determine the number of violations occurring subsequent to the
 foregoing dates on which joint check of records shows agreement
 to have been violated.
 3. Carrier be required to compensate the senior idle telegrapher
 (extra in preference) for one day's pay (8 hours) on each and
 every date shown above, and all subsequent dates on which joint
 check of records shows Agreement to have been violated.

 FINDINGS: The facts-in this case are similar to those involved in Docket No. 1. There never was an operator assigned at Loveberry. The orders were copied at the ends of spur tracks. For the reasons stated in our Findings in Docket No. 1 we find no basis for a sustaining Award in this docket.

 It is worthy of note that the practice of handling train orders at
 Loveberry in the manner now made subject of complaint is one of many years stand- -
 ing and that there was no further handling of this claim since August, 1951,
 when it was declined .for the second time by the Carrier's highest designated officer.
 Such dilatory handling is of itself a reflection upon the merits of the claim.
 That factor combined with the practice is a further indication of the correctness
 of the conclusions reached in our Findings in Docket No. 1.

Claims (1), (2), (3) Denied.

                        /sl Francis J. Robertson

                        Francis J. Robertson,

                        Chairman


/s/ B. N. Kinkead /s/ T. S. Woods
 B. N. Kinkead T. S. Woods
 Employe Member (Dissenting) Carrier Member

 Dated at Baltimore, Maryland this 23rd day of April, 1957.

 July 2, 1957/th