SPECIAL BOARD OF ADJUSTMENT N0. 355


Parties: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET N0. 106

 STATEMENT OF CLAIM:

                      Claim No. 1


            (a) Carrier violated the Agreement between the parties when it improperly filled the position of agent at Gary, Indiana, May 16 through July 1, 1960.


            (b) Carrier shall be required to compensate the following named employes under the Agreement in the amount of a day's pay (eight hours) on each date set forth after their respective names:


            G. D. Watts May 16, 23, June 6, 13, 20 and 27,

            1960.

            G. C. McConkey May 17, 24, 25, June 1, 7, 8, 14, 15,

            21, 22, 28 and 29, 1960.

            R. K. Gentis May 18, 19 and 30, 1960.

            J. W. Haiflich May 20, 27, June 3, 1960.

            K. K. Wilson May 26, 1960.

            R. L. Paull May 31, 1960.

            A. J. Bishop June 2, 9, 16, 23 and 30, 1960.

            M L. Hurni June 10, 17, 24 and July 1, 1960.


                      Claim No. 2


            (a) Carrier violated the Agreement between the parties when it improperly filled the position of agent at Nappanee, Indiana on April 19, 20, 21, 22, 1960.


            (b) Carrier shall be required to compensate in the amount of a day's pay (eight hours), D. L. Thompson on April 19, 1960, J. F. Miller on April 20 and 21, 1960, R. L. Paull on April 22, 1960.


                      Claim No. 3


            (a) Carrier violated the Agreement between the parties when it improperly filled the position of agent at Nappanee, Indiana on May 23, 24, 25, 26 and 27, 1960.


            (b) Carrier shall be required to compensate in the amount of a day's pay (eight hours), J. R. Wilson on May 23, 1960, D. L. Thompson on May 24 and 26, 1960, A. J. Bishop on May 26 and 27, 1960.

FINDINGS:

 Dissenting
 R. K. Anthis Employee Member

 Claim denied.

 Dated at Baltimore, Maryland, this 16th day of April, 1963.

        Three separate claims are here involved.


We have carefully examined the parties' submissions and argument and conclude as follows:

                  Claim No. 1 -- The only employee qualified to fill this position was working as agent at Willard.


                  Claim No. 2 -- None of the claimants was available or qualified to work the assignment in question.


                  Claim No. 3 -- None of these claimants was available, and only one was qualified.


                  We will follow our Award in Docket No. 93 and issue a denial award.


sBA 355


Docket No. 106

 A W A R D

/s/ Edward A. Lynch

Edward A. Lynch

Chairman


/s/ T. S. Woods
 T. S. Woods
 Carrier Member