PARTIES: THE ORDER OF RAILROAD TELEGRAPiiERS



STATEMENT 1 - Carrier violated the Agreement between the
 OF CLAIM: parties when on February 10, 1960, it required
 or permitted an employee not covered by the
 Agreement to handle a train order at Harris
 Ferry, y7. Va.
 2 - Carrier shall compensate Operator J.E.Kelbaugh
 in the amount of a daycs pay (8 hours) on
 February 10, 1960.

 FINDINGS: In our Findings in Docket No. 83 we said that
 Article 35, "among other things, permits employes other than telegraphers to use the telephone in an emergency, caused by the forces of nature, interrupting or suspending service." It says, we noted, "such use of the telephone may only be continued until an employee covered by this agreement can be made available."

 There is no question that Carrier here was confronted with heavy rain falling for several days which derailed the diesel and nine cars of Train 92. The derailment also knocked the telephone lines down.

 Under such circumstances we find no rules violation in Carrier°s use of the telephone to annul a meet order which had been issued for Train 93, which had already departed, and the wrecked Vain 92.

 The phone was used once. There was no "continued" use of the phone, and, as we said in Award 83, "there being no continued use of the phone, t re can be no violation. l%

Claim denied. f
                    Chairman


      C. R. ress- y- ,\ E. t. Plitt

    EmployeW'-2e`mbeaF-- Carrier Member


Dated at Baltimore, Maryland, this 16th day of September, 1964.