SPECIAL BOARD OF ADJUSTMENT N0. 266

AWARD N0. 51

406-3 THE ORDER OF RAILROAD TELEGRAPHERS CASE NO. TE-9697
VS. 116/2-1(19-56)

THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY

STATEMENT OF CLAIM:

(1) Carrier violated the Agreement between the parties when, effective Monday, May 21, 1956, it nominally abolished the Clerk-Operator's position at Kingston Yard, Kingston, Pa., and required or permitted employes holding no rights under said Agreement to perform the work thereof.

(2) Carrier shall, because of such violation, pay the senior idle teleg
rapher, extra in preference, a day's pay at the pro rata rate of
the abolished position ($17.92) for May 21-22-23-24 and 25, 1956,
subsequent to which the position was restored. A joint check of
Carrier' records to be made to determine the payee."
OPINION OF BOARD:
The record discloses that the handling of communications of the type here involved by employees not covered by the subject Agreement is a practice of long standing on the Carrier's property. The Agreement does not define this work as exclusively reserved to telegraph service employees. Awards 1 and 8 of this Board.

AWARD; Claim denied. -

/s/ Lloyd H. Bailer

Lloyd H. Bailer, Neutral Member

Dissenting _/s/ R. A. Carroll
W. I. Christopher, Employee Member R. A. Carroll, Carrier Member

New York, N. Y.
Nov. 25, 1959