THE ORDER OF RAILROAD TELEGRAPHERS

          VS.


THE DENVER & RIO GRANDE WESTERN RAILROAD

 STATEMENT OF CLAIM :

        Claim of the General Committee of The Order of Railroad Telegraphers on the Denver and Rio Grande Western Railroad, that:


        1. The Carrier violated the agreement when, on November 5, 19608

            it caused, required or permitted an employee not covered

            thereunder to transmit (OS) a report of arrival of a train

            into Provo Yard, Utah.


            2. Carrier shall now be required to compensate R. W. Belt, second trick telegrapher at Provo, Utah, a day's pay at straight time rate.


FINDINGS:

        This Board, upon the whole record and all of the evidence, finds that:


The Carrier and the Employee and Employees involved in all of the disputes - involved in this docket of cases are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934, and as since amended.

 This Board has jurisdiction over the disputes involved herein. The parties to said disputes were given due notice of hearing thereon.

 DISPOSITION :

 Claim settled, upon basis of allowing a call without prejudice to the position of either party in respect to the Agreement Rules, because of disputed facts.

                                (Signed) J. Glenn Donaldson

                                J. Glenn Donaldson, Neutral Member

                                Chairman


                                (Signed) R. K. Anthis

                                R. K. Anthis, Organization Member


                                (Signed) J. W. Lovett

J. W. Lovett', Carrier Member Denver, Colorado 26 November 1963