PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET N0. 58
 STATEMENT 1. Carrier violated the agreement between the parties hereto
 OF CLAIM: when on September 8, 1953, it caused, required and permitted train
 service employes not covered by the Telegraphers' Agreement to
 handle (receive, copy and deliver) Forms A, obtain train line-ups,
 and clear trains over the telephone at Gray or Ellicott City,
 Maryland.
 2. Carrier be required to permit a joint check of its records
 to determine the number of violations occurring subsequent to -
 September 8, 1953.
 3. Carrier be required to compensate the senior idle telegrapher
 (extra in preference) for one day's pay (8 hours) on September 8,
 1953, and all subsequent dates on which a joint check of records
 shows agreement to have been violated.

 FINDINGS: Gray and Ellicott City, Maryland are two points within one mile
 of each other on the Carrier's Baltimore Division. Gray, the more
 easterly of these two points, is located approximately 6.9 miles west of HX
 Tower. There has been no operator stationed at either Gray or Ellicott City
 since early 1920, with the exception of an 11 month period in 1942-1943 when a 3
 trick office was established at Gray to handle increased traffic resulting from
 the war. A local doing industrial work in the area secured permission (apparently
 from the operator at HX Tower) to use cross overs, obtained information with
 respect to trains operating in the area and secured clearance to leave the
 industrial tracks.

 For reasons indicated in our Findings in Docket No. 1 we find that the spur track exception in Article 35 applies here. Accordingly, the claim must be denied.

Claim denied.
                    Francis J. Robertson,

                    Chairman


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

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