PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET NO. 63

 STATEMENT OF CLAIM:

 1. Carrier violated the agreement between the parties hereto when on December 27, 28 and 29, 1951 - January 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, 1952, it caused, required and permitted train service and other employees not covered by the Telegrapherst Agreement to handle (receive, copy and deliver) train orders, Forms A (Clearance cards) and messages of record to Flemington, West Virginia and the immediate vicinity, which work was and is solely reserved to employees covered by the Telegraphers' 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.

 3. Carrier be required to compensate the senior idle telegrapher (extra in preference) for one days pay (8 hours) on each and every day and date shovm above, and all subsequent dates on which a joint check of records shows agreement to have been violated.

 FINDLNGS®-

 Flemington, W. Va., is located about midway between Carrierls Clarksburg and Grafton yards. It is 11.3 miles east of the point where MO Tower (at the east end of Clarksburg Yard) was located and 10.1 miles west of D Tower at the west end of Grafton Yard. In 1925, because of westward extension of double track, the telegraph office at Flemington was moved 1.3 mile west to RS Tower. In 1951 Centralized Traffic Control was installed between RS Tower and MO Tower and in October of that year RS Tower was discontinued.

 The record reveals that in addition to other communications, such as securing permission to cross over from one track to another or to enter main track, train crews operating in the vicinity of Flemington copied train orders from the operator at Flemington. After the office at Flemington was moved to RS Tower the same work was accomplished through the operator at that point. Since the first date of claim it appears that the bulk of the communications work formerly handled at Flemington and later at RS lower was being handled by telephone from Flemington and vicinity (Flemington proper, Sand Lick ict., Astor Jet., Galloway Jot.) with the operator at Bridgeport, which is 6.2 miles west of RS Tower. There was further evidence that the yard clerk at Flemington formerly transmitted yard reports through the operator at Flemington and later through the operator at RS and since the first date of claim has been telephoning such reports to Bridgeport for re-transmission.


at Flemington, Sand Lick Jet., Galloway Jet. or Astor Jet. during the life of the current agreement and therefore that no operator was displaced within
 the meaning of Article 35. We cannot agree with that contention for it is - __
 abundantly clear that the Flemington office was moved to RS Tower and it is
 further clear that train crews operating at Sand Lick Jet., Galloway Jet. and
 Astor Jet. historically communicated with the operator at Flemington and later
 RS insofar as train authority was concerned. Consequently, the copying of train
 orders by crews at Sand Lick Jet., Galloway Jet.., Astor Jet. or Flemington would
 clearly be a violation of Article 35 in that it would be displacing the operator
 at RS Tower, a point where a telegraph office was in existence during the life
 of the agreement.
find no violation of the Telegraphers' Agreement in train crews at Sand Lick -
 Jet., Galloway Jet., Flemington proper and Astor Jet. receiving permission from -
 the Bridgeport operator to come out on certain tracks or to cross over. Nor are
 we persuaded that the telephoning of the yard report was exclusively Telegraphers
 work under the circumstance-s here presented for the telephoning could well be in
 lieu of mailing or personal delivery. Accordingly we find that the claim should
 be sustained on behalf of the senior idle telegrapher (extra in preference) as
 requested in Item 3 of the Statement of Claim for one days pay on each day that
 train orders were copied at Sand Lick Jet., Flemington., Galloway Jet. and Astor
 Jet. by other than a telegrapher from the first date of claim to September 24,
 1955, (the date of amended Article 35 and which the employees stipulated was the
 date on-which-the-subsequent dates- claim would cease). __

    Claim disposed of as indicated in Findings.


/s/ Francis J. Robertson

Francis J. Robertson

Chairman


/s/ B. N. Kinkead 1 /s/ T. S. Woods
 B. N. Kinkea T. S. Woods
 Employee Member Carrier Member
 (Concurring in result inso
 far as train orders are
 concerned.)
 Dated at Baltimore, Maryland this 23d day of _
 August 1957.
 °b~