SPECIAL BOARD OF ADJUSTMENT NO. 306
 THE ORDER OF RAILROAD TELEGRAPHERS
 VS.
 THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY
 STATEMENT
 OF CLAIM: "The General Committee of The Order of Railroad Telegraphers on
 the New York, New Haven & Hartford Railroad Company, claim as
 follows:
 The Telegraphers' Agreement has been violated and continues to be
 violated when, commencing sixty days prior to March 18, 1959 the
 yardmaster and/or other employes outside the coverage of said agree
 ment are required or permitted to transmit, by means of telephone,
 the departure time of train LB-2 and transmit messages of record
 affecting the movements of trains direct to the train dispatcher at
 Framingham.
 For each occasion, commencing sixty days prior to the date of
 this claim (and continuing until the condition is corrected),
 that work covered by the Telegraphers' Agreement is performed by
 employes outside the agreement at Framingham, the second shift
 operator J. Rousseau, or his successor or other occupant of the
 position, shall be compensated under the overtime or call rules
 of the Agreement."

 FINDINGS: It appears that when train LB-2 departs Framingham after the
 assigned hours of the operators, 2:30 A. M., the operator handles
 train order and obtains the block for it. LB-2 then departs when
 ready and is first reported to the dispatcher at Walpole.
 Later a Framingham report is phoned to the Chief Dispatcher by
 the yardmaster at Framingham. It is shown that the yardmaster
 has made such report for 16 years except on those occasions when he
 held an operator to do so because of the exigence of his other
 duties. The employes submitted a statement by an operator that
 "many times" he had transmitted that report. Such statement simply
 confirms the carriers evidence, and clearly shows that such commu
 nication has never been exclusively assigned to or performed by
 telegraphers.
 AWARD: Claim denied.


                    DUDLEY E. WHITING, REFEREE


/s/ Russell J. Woodman /s/ J. J. Duffy
 RUSSELL J . WOODMAN, Employe Member J. J. DUFFY, Carrier Member

 DATED: June 13, 1961.