PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET N0. 44

 STATEMENT OF CLAIM:

 1. Carrier violated the agreement between the parties hereto when on April 12, 1953, it caused, required and permitted its Section Foreman, an employee-not covered by the Telegraphers' Agreement, to handle receive, copy and deliver) track car line-ups at Gassaway, West Virginia, which work was and is reserved solely to employees covered by the Telegraphers' Agreement.

 2. Carrier be required to compensate the employee who was working as agent-operator at Gassaway on April 12, 1954 (sic) one special call on said date.

 FINDINGS:

 The parties are in agreement that this claim is substantially the same as that involved in Docket No. 42. For the reasons stated in our Findings in that docket we find that this claim should be sustained.




                      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 25th day of April, 1957.

 July 5, 1957/th