GR.DIV.: 4393 _

                SPECIAL BOARD OF ADJUSTMENT N0. 591..


                THE ORDER OF RAILROAD'TELEGRAPAERS ,. ,.


          . VS.' ' .,


                READING COMPANY


STATEMENT' .
 OF CLAIM: "Claim of the General Com-nittee of The Order of Railroad ''
 Telegraphers, on the Reading Company, that:,

          1. The Carrier violated our current agreement by requiring '·'', ~.

          and/or permitting employees (switchtenders) NOT included

          in the scope rule of our Agreement,, to perform communi

          cations or record work, at Somerset Street (On Richmond

          Branch), on February 10-11-12-13-14-15 and 16, 1964, at

          various times around the clock.

          2. In consequence of the above violation Carrier is required '

          to pay the following claimants, or the senior idle tele

          grapher, extra in preference, a day's-pay at the minimum t

          daily tower rate, for each tour of duty indicated:' I

          (Present daily tower rate for lowest r-ated'3ob is $20.6720 ; `I,

              per day). ' . r,


              D.E.Smith, 1st shift, Feb.10-11-12-13-14,1964'

          $103.36 ~,

          C.J.Coyle, let shift, Feb.15, 16, 1964 41.3440

          ' F.R.Williams, 2nd shift, Feb. 10-11-13, 1964 62.0160

          R.J.Twisler,, 2nd shift, Feb.14-15, 16, 1964 62.0160 .

          R.R.Cooper, 3rd shift, Feb. 14, 1964 20.6720

          P.A.Try, 3rd shift, Feb. 15-16, 1964 _ 41,3440

          Y


. . 3, In consequence of the above violation the Carrier is
 required to fill, all three shifts and relief positions) j
              at Somerset Street, with employees under the scope of

              our Agreement, ;"


              4_ \This claim is being entered as a 'continuingt claim,, as provided for in the August 21, 1954 Agreement, Section 3."


FINDINGS: A position of switchtender is maintained at Somerset
          Street to throw yard switches for inbound and outbound freight

          trains under the direction of the Yardmaster. For many years

          it has been customary for him to notify the operator at NI"tower..:.;;

          by telephone about trains departing the yard and for that

          operator to notify him by telephone of inbound trains. '' ..

S(-q,4 S9/-

      SiiIIce .the work involved has been teat-1ed as switchtenders

work by custom and practice for many years,, it cannot now be
 deemed tp be a violation of the telegraphers scope rule,
 because that rule comprehends only the work which has
 customarily been performed exclusively by the positions list
 ed. Under these circumstances there is-no valid basis for

          this claim

          t

AW,ARD: Claim denied.

 /s/ L0-'.'Y'i Finnegan
 JOHN TNNEGAN Dissenting
 Organization Member '

 PHILADELPHIA, PA.

J AN 10 ms


SPECIAL BOARD OF ADJUSTMENT N0.~591 `:

 /s/ Dudley E. Whiting
 DUDLEY WHITING, CHAT

 /s/ Vr W.Bigelow V. W. if Low Carrier Member.