THE BALTIMORE AND OHIO RAILROAD COMPANY


                      AWARD IN DOCKET N0. 48


STATEMENT Claim of the System Committee of the Brotherhood that: OF CLAIM:

 (a) Carrier violated the provisions of the current Clsrkst Agreement when it required and/or permitted Car Foreman G. Mays and S. Smarsch to handle mail between the 28th Street Yard Office and the Car Shop at Lorain., Ohio, and

 (b) That Edward Pasturnak, Chauffeur, Lorain, Ohio, be allowed two calls on Saturday and Sunday, August 4 and 5, 1956, and each Saturday and Sunday thereafter, to and including September 30, 1956.

 FINDINGS:

 Claimant held a regular position as Chauffeur at Lorain, Ohio, rest days Saturday and Sunday. One of the duties of his assignment was to distribute mail between various points in the Lorain Terminal. On the Saturdays and Sundays involved in this claim two car foremen who go on duty at the 28th Street Yard office in the morning got their own mail and delivered other mail to the Stores Department.

 It is argued that this claim is sustainable under Rule 4(b-2) lahich'provides - that when work is required on a day which is not part of a regular'assignment._it may be performed by an available extra or unassigned employee who Will otheriise ~_ not have forty hours of work that week and in all other cases by the regular employee.

 We see no violation of the Agreement in permitting the car-,foremeri.to~receve their own mail at the Yard Office or to take their own mail thereto since-there is no distributing of mail involved. The work which the claimant perfdrmedduring the week and for which he should have been called on Saturdays and Sundays under the circumstances here was distributing the mail. When the car foremen handled mail from the Yard Office for offices other than their own they were engaged in distributing. Since it is shown that this occurred only in the morning the claim will be sustained for one call on each Saturday and Sunday from August It and continuing through September 29, 1956 when the car foremen performed that work. After the latter date it appears that yard clerks on duty have been handling their mail on Saturdays and no mail is handled on Sundays.

                          AWARD


    Claim disposed of as indicated in Findings.


                    /s/ Fran cis J. Robertson

                    Chairman


/s/ E. J. Hoffman _
 Em p oyee Member /arrier Members
 Dated at Baltimore, Maryland this
 26th day of August, 1959.