406-3 AWARD N0, 70



                                          (112-58)


                    SPECIAL BOARD OF ADJUSTMENT N0, 266


                  THE ORDER OF RAILROAD TELEGRAPHERS


                              vs.


              THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY


EMPLOYES' STATEMENT OF CLAIM:

        1, The Carrier violated Article 1 (Scope and 12(a) of the current Telegraphers' agreement when, commencing at 9:01 A.M, on January 29, 1958 the remote control machine handling of switches and signals at Mount Pocono and Pocono Summit was removed from Tobyhanna Tower, and transferred arbitrarily to employees not covered by said Telegraphers' Agreement in the train Dispatcher's Office at Scranton, removing said work from the scope of said Agreement, to continue in exactly the same manner and operation as from Tobyhanna Tower, which work is by said Agreement reserved to employees covered by the Telegraphers' Agreement.


        2, Carrier shall compensate the three (3) senior idle telegraphers (extra men preferred) for eight (8) hours pay 'on an around the clock basis, seven (7) days a week, for each date beginning Wednesday, January 29, 1958, and continuing thereafter as long as such work is performed by employees not covered by the Telegraphers' Agreement, Said compensation to be paid at the prevailing basic rate of $2,234 and .08p escalator allowance per hour, plus subsequent wage increases, with joint check to be made to identify the man and amounts due,


.'OPINION OF BOARD:

        This case is controlled by our Award 18,


AWARD:

          Claim remanded to the parties,


      s/ LLOYD H. BAILER

      Lloyd H Bailer, Neutral Member

      DISSENTING J R. A, CARROLL

W. I. Christopher, Employee Member R_ A, Carroll, Carrier Member

 New York, N.Y,
 -·ocember 14, 1959.