SPECIAL BOARD OF ADJUSTMENT N0. 132
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTE40RE AID OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 92
STATEMENT 1. Carrier violated the agreement between the parties hereto
OF CLAIM: when on July 6, 1955, it caused, required and permitted Engi
neer Flaherty, on Extra 4630 East, an employee not covered by
the Telegrapherst Agreement to handle, (receive, copy and
deliver) Train Order No. 13 at Mannington, West Virginia,
which work was and is solely reserved to employees covered by
the Telegraphers' Agreement.
2. Carrier be required to compensate the senior idle telegrapher (Extra in preference) for pay for one day
(8
hours)
on the 6th day of July, 1955.
FINDINGS: The record indicates that in 1938 pursuant to Agreement the
telegraph office at Mannington, West Virginia was changed from a threetrick to a one-trick operation. The office was discontinued in 1940.
Carrier contends that in making the Agreement, referred to
above, it was contemplated that some orders might be copied outside
the hours of the position and, therefore, inasmuch as the copying of
the train order here complained of occurred outside the hours of the
position before it was discontinued there is no basis for complaint.
There is no indication in the 1938 Agreement that the
Employees agreed to the receipt and copying of train 'orders by other
than telegraphers outside the hours of the Telegraphersq assignment.
The copying of train orders at that point in view of the fact that
a telegrapher had been established at the point is a violation of
Article 35.
AWARD
Claim (1), (2) Sustained.
/s/ Francis J. Robertson
Francis
J,
Robertson
Chairman
/sL
B. N. Kinkead /s/ T. S. Woods
B. N. Kinkead, T. S. Woods,
Employ' Member Carrier Member
Dated at Baltimore, Maryland this 24th day of
April, 1957.