406-3 AWARD N0. 71


                                      263/2-1

                                      (68-57)


                SPECIAL BOARD OF ADJUSTMENT N0. 266


                THE ORDER OF RAILROAD TELEGRAPHERS


                          vs.


          THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY


EMPLOYEES` STATEMENT OF CLAIM'

        1. Carrier violated the Agreement between the parties when on March 30, 1957, it required or permitted train service employes not covered by said Agreement to handle (receive, copy and

        deliver) a train order at Analomink, Pennsylvania, in the absence -

        of an emergency. -


        2. Carrier shall, becuase of the violation set forth above, com

        pensate the senior idle telegrapher, extra in preference, a day's

        pay ($16.69) in accordance with the provisions of Article 3 (c)

        of the Agreement.


OPINION OF BOARD'

 We are of the opinion and find that the Conductor of Extra 6454 copied the subject train order as a result of an emergency situation within the meaning of Article 3 of the Agreement.

 AWARD'

        Claim denied.


                  /s/ Lloyd H. Bailer

                  Lloyd H. Bailer, Neutral Member


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

 New York, N. Y. December 3, 1959.