406-3 AWARD N0. 74
CASE N0. 64
Sub 2566 TE-10384
263/ 2-6
(78-57)
SPECIAL BOARD OF ADJUSTMENT N0. 266
THE ORDER OF RAILROAD TELEGRAPHERS
VS.

THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY

STATEMENT OF CLAIM:

(1) The Carrier violated the Agreement between the parties when on June 6, 1957, it required or permitted a train service employes, not covered by the Telegraphers' Agreement, to handle (receive, copy and deliver) a train order at West Henryville, Pa., in the absence of an emergency.

(2) The Carrier shall, because of the violation set forth above, compensate the senior idle telegrapher, extra in preference, a day's pay ($16.93) in accordance with the provisions of Article 3(c) of the Agreement.

OPINION OF BOARD :

Our Award 72 is controlling in the present case.

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