SPECIAL, BOARD OF ADJUSTMENT N0. 3SS-


Parties: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET NO. 73

 STATEMENT OF CLAIM:

        1. Carrier violates the Agreement when it fails and refuses to classify the agent at Johnstown, Pennsylvania in accordance with service performed.


        2. Carrier shall be required to properly classify the position of agent at Johnstown, Pennsylvania, bulletin and assign the position in accordance with the rules.


FINDINGS:

 With respect to the merits of the claim in this docket, it concerns an individual, H. C. Diehl by name, who, the Organization conceded, in Docket No. 72, was a Yardmaster at Johnstown.

 He is in fact a Supervisory Agent-Yardmaster. He holds a position not coming under any Agreement.

 There is also located at Johnstown an operator's position from 6:00 a.m., to 3:00 p.m., daily. Organization predicated its complaint here on the use by the Supervisory Agent-Yardmaster of a telephone outside the operator's tour of duty to discuss matters for which he is responsible with the Yardmaster at Somerset.

 Under the circumstances here present, the Supervisory Agent was not "per-. forming service in the classes specified" in the telegraphers' agreement.

                        A W A R D


                        Claim denied.


                  /s/ Edward A. Lynch

                  Edward A. Lynch

                  Chairman


/s/ B. N. Kinkead /s/ T. S. Woods
 B. N. Kinkead (Dissenting) T. S. Woods
 Employee Member Carrier Member

 Dated at Baltimore, Maryland, this 20th day of February, 1962.