PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 90

STATEMENT OF CLAIM:

1. Carrier violated the agreement between the parties hereto when on April 14, 1955, and subsequent dates, it caused, permitted and required employees of the Maintenance of Way forces not covered by the Telegraphers' Agreement, to handle receive, copy an deter) train line-ups for the use and information of employes repairing Bridge No. 141 at Pataskala, Ohio, which work was and is reserved solely to employes covered by the Telegraphers' Agreement.

2. Carrier be required to permit a joint chek of its records to determine the number of violations occurring subsequent to April 14, 1955.

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

FINDINGS:

On the dates of claim Maintenance of Way forces were repairing Bridge 141 near Pataskala, Ohio and used a portable telephone to secure information concerning train movements from the telegraph operators at Outville and Summit.

The same principles are applicable here as in our Findings in Docket 80. For the reasons therein stated we find no basis for a sustaining award here.






                    Francis J. Robertson


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

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