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                                            GR. DIV.: 3303


                  SPECIAL BOARD OF ADJUSTMENT N0. 591


                  THE ORDER OF RAILROAD TELEGRAPHERS

                  VS.

                  READING COMPANY


STATEMENT "Claim of the General Committee of The Order of Railroad Telegraphers on OF CLAIM: the Reading Company, that:

            1. Carrier violated the agreement between the parties when on June 5, 6, 7, 8, and 9, 1960, it required or permitted employes not.covered by the agreement to handle (receive, copy and deliver) train orders at Fairhill Junction, Pa.


            2. Carrier shall compensate an extra telegrapher in the amount of a day's pay for each shift on each date the violations occurred; J. J. Moyer on the first shift, G. E. Strelitz on the second shift, and J. W. Milnes, Jr., on the third shift, (5 days each)."


FINDINGS: Water and debris from a fire adjacent to the Richmond Branch within
 Philadelphia yard and switching limits caused some interference, with
 operations thereon. Train orders were issued through the towerman at
 NI to train crews by telephone at Fairhill Junction,.the starting point
 of the Richmond Branch. There has never been a telegrapher assigned
 to Fairhill Junction.
 It is conceded that Article 34, the train order rule, is not appli
 cable as no telegrapher was assigned at the point involved. Under those
 circumstances the use of the telephone to deliver the train order to the
 train crew is not a substitute for work formerly performed by telegraph.
 Rather it is a substitute for messenger service, a member of the train
 crew walking to the telegraph office, or the telegrapher walking to the
 train, 'such as was necessary before the use of wayside telephones. Under
 these circumstances the claim is not sustainable.
 AWARD: Claim denied.

                  SPECIAL BOARD OF ADJUSTMENT N0. 591


                    /s/ Dudle E, Wnitin

                    Dudley E. Whiting, CFisman


Ls/ John T. Finnegan Ls/ V. W. Bigelow
 JOHN T. FINNEGAN Dissenting V. W. BIGELOW
 Organization Member Carrier Member

 PHILADELPHIA, PA.

 January 11, 1966.