406-3 AWARD NO. 79


                                      (134-5 8)


                SPECIAL BOARD 'OF ADJUSTMENT N0. 266


                THE ORDER OF RAILROAD TELEGRAPHERS


                          vs.


          THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY


EMPLOYEES' STATEMENT OF GLAIM-
        Claim for a day's pay for senior, idle telegrapher on February 18, 1958, when anon-schedule employe handled train order at Elmhurst in a non-emergency.


OPINION OF BOARD*
The evidence discloses that the train order in question was handled by a non-schedule employee under a storm condition that comprised an emergency as defined in Article 3 of the subject Agreement. There was no contract violation in this instance.

 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. December 3, 1959.