SPECIAL BOARD OF ADJUSTMENT N0. 132
PARTIES- THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTDIORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 83
STATaMIT
OF CLAIM.
1. Carrier violated the agreement between the parties
hereto when on September 30, 1955, it caused, required and permitted engineer Baxter on Extra 289 East to copy, receive and
deliver a train order at Jones Hill, which work was and is reserved solely to employees covered by the Telegraphers' Agreement. Engineer Baxter not being such an employee.
2. Carrier be required to compensate the senior idle
telegrapher, extra in preference, for one day's pay (8 hours)
on the above date.
F1-NDINGSe
A train of dead engines traveling east from Potomac Yard
destination Baltimore passed Chesapeake Junction, arriving Jones
Hill where the engineer copied a train order from the operator
at Alexandria Junctions directing certain speed restrictions and
further directing the inspection of engines at JD Tower and PA
Tower. An operator's position had been in existence at Chesapeake Junction in 1943.
The disposition of this claim is governed by the application
of the modified Article 35 effective September 214, 1955.
The engineer of this train was not a member of a switching
crew. While the Carrier sought to establish that an emergency
existed. The evidence does not warrant finding that there was in
fact an emergent situation. With the exercise of a reasonable
degree of foresight the orders which the engineer copies, could
readily have been given to him by the operator at Anacostia Junction. Instead he was permitted to run by Chesapeake Junction a
point where an operator had been stationed, and copy the order at
Jones Hill. Under the circumstances here present we find a violation of Article 35. This Finding, of course, does not apply to
a similar use of the telephone by switching crews operating in and
around Jones Hill.
Claim (1), (2) sustained.
/s/ B. N. Kinkead
Be N. Kinkead,
Employe Member
Dated at Baltimore, Md., this
25th day of April, 1957.
AWARD
/sf
Francis J. Robertson
Francis J. Robertson
Chairman
s T. S. Woods
T. S. Woods,
Carrier Member