SPECIAL BOARD OF ADJUSTMENT N0. 355
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 115
STATEMENT
OF CLAIM: 1. Carrier violated the Agreement between the parties when on June 5,
6, 7, 8, 1958, and subsequent dates, it required or permitted
persons not coming within the scope of said Agreement to trans
mit, by use of printing telegraph machines, at Cowen, West
Virginia, information not confined to reports of the movements
of cars.
2. Carrier shall be required to compensate in the amount of a day's
pay (eight hours), W. L. Sirk on June 5, 1958, C. W. Shorter on
June 6, 1958, W. T. Shreve on June 7, 1958, 0.'R. Riffle on
June 8, 1958, and an idle operator on the seniority district on
each subsequent date_violations occur.
FIND IIG~S
An analysis of the several items included in the Joint Statement of
Facts, in the light of our prior actions, leads us to conclude that the two messages of June 6 were, as Carrier asserts, information pertaining to the data included in the permissible wheel rep ort;'the message of June 5 was a violation for
including a call, and the message of June 7 and 8 were consists, and these
latter two categories will be sustained.
In the absence of factual data, we cannot agree to carte blanche on
subsequent violations.
A W A R D
Claims disposed of in accordance with Findings.
/s/ Edward A. Lynch
Edward A. Lynch
Chairman
Ls,L
R. K. _Anthis /s/ T. S. Woods
R. K. Anthis T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland,
this 16th day of April, 1963.