PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 32
STATEMENT
OF CLAIM:

1. Carrier violated the agreement between the parties hereto when on February 13, 14, 19, 21, 23, 24, 26, 27 and 28, and March 2, 7, 8, 9, 13, 14, 15 and 21, 1951, inclusive, it caused, required and permitted section foremen, employees not covered by the Telegraphers' Agreement, to handle (receive, copy and deliver) track car line-ups at Pleasant Creek, West Virginia, which work was and is reserved solely to employees covered by the Telegraphers' Agreement.'

2. Carrier be required to compensate the senior idle telegrapher (extra in preference) for one day's pay (8 hours) on each and every day and date shown above, and all subsequent dates on which a joint check of records shows agreement to have been violated.

FINDINGS:

This claim is similar in principle to that involved in Docket No. 33. Here, after a telegrapher's position was abolished in 1951 at Pleasant Creek, West Virginia, the Section Foreman at that point copied track car line-ups from the Operator at Berryburg Junction. As in Docket 33 we see no need for directing a joint check to develop claims.



Claims (1) and (2) sustained except to the extent that Claim (2) involves a joint check. -


                    Francis J. Robertson

                    Chairman


/s/ B. N. Kinkead _ . /s/ T. S. Woods
B. N. Kinkead T. S. Woods
Employe Member Carrier Member, Dissenting.

Dated at Baltimore, Md., this 26th day of April, 1957.