SPECIAL BOARD OF ADJUSTMENT N0. 355 (BU 7989-33)
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 111
STATEMENT
OF CLAIM: 1. Carrier violated the Agreement between the parties when on December 9,
1960, it failed to call and use Operator E. E. Riggen to fill a vacancy
on the third trick at Moorefield, Indiana.
2. Carrier shall be required to compensate E. E. Riggen in the amount of
a day's pay (8 hours) at the time and one-half rate for December 9, 1960.
FINDINGS: The Carrier's position in this claim is:
"On Friday, December 9, 1960, Extra Operator Roberts was scheduled to protect
the third trick operator position at Moorefield. Extra Operator Roberts failed
to report for duty at 11:00 p.m., on this date, and the Chief Train Dispatcher
contacted his residence and was advised that Mr. Roberts had taken a member of
his family to the hospital for emergency and would.protect assignment as soon
as possible The second trick regular operator retained on duty Mr.
Roberts had not reported for work as of 11:45 p.m., and the Chief Dispatcher
advised the second trick operator that he would be relieved at midnight since
all trains were cleared. It was expected Mr. Roberts would report for work
shortly. However as of 2:30 a.m., he had not yet reported and the job was then
blanked.for the balance of the trick, or until 7:00 a.m., when the regular first
trick operator reported for duty."
These four points are self evident:
1. Extra Operator Roberts was scheduled to report for work at 11:00 p.m.
He did not report; nor
did
he send any word to the Carrier.
2. When he failed to report on time, Carrier telephoned his home to learn
he had to take a member of his family to the hospital in an emergency,
but he would be an hour or so late.
3. Carrier retained the second trick operator until 11:45 p.m. when he was
released because all trains were cleared.
4. When at 2:30 a.m., Roberts had not reported for work, the Carrier
blanked the office until the first trick operator came on duty at
7:00 a.m..
Carrier was trying to protect the absent Operator because it was advised he
was involved in a hospital emergency with some member of his family.
We can find no fault with what was done under these circumstances; nor can
we now sustain a claim that the Carrier's action violated the Agreement.
A W A R D
Claim denied.
/s/ Edward A. Lunch
Edward A. Lynch
/s/ R. K. Anthis /s/ T. S. Woods
R. K. Anthis, Employee Member T. S. Woods, Carrier Member
Dated at Baltimore, Maryland,
this 16th day of April, 1963.