406-3 (104-57)

                SPECIAL BOARD OF ADJUSTMENT N0. 266


                THE ORDER OF RAILROAD TELEGRAPHERS


                          VS.


          THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY


STATEMENT OF CLAIM:

        Claim for a day's pay in favor of senior idle telegrapher, extra man preferred, on September 21, 1957, when a nonschedule employe handled train orders at Mt. Pocono in a non-emergency situation.


OPINION OF BOARD:

 Eastbound freight train BH-12 developed a hot box at Mt. Pocono, Pa. on one of its cars. As a result, a train order was issued instructing train 44 to operate around train BR-12 between Pocono Summit and Paradise Crossover against the current of traffic. A copy of this train order was telephoned to the conductor of train BH-12. The subject claim is based on the contention that the handling of this train order by the conductor of train BR-12 was not due to an emergency and therefore was in violation of the subject Agreement. We have previously held in like situations that an emergency condition existed within the meaning of Article 3 of the Agreement. Thus the handling of the instant train order by the conductor of the disabled train was not a contract violation.

 AWARD:

        Claim denied.


                    /s/ Lloyd H. Bailer

                    Lloyd H. Bailer, Neutral Member


      DISSENTING /s/ R. A. Carroll

W. I. Christopher, Employe Member R. A. Carroll, Carrier Member

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