Award No. 117
Case No. None
(BU 6806-33)
SPECIAL BOARD OF ADJUSTMENT N0. 355
THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
Parties:
AWARD IN DOCKET N0. 117
STATEMENT
OF CLAIM:
"1. Carrier violated the Agreement between the parties when on
May 28, 1959, at Flemington, West Virginia, it required or permitted a conductor, not covered by said Agreement, to use the
telephone to communicate directly with the train dispatcher relating to the movement and handling of his train and cars.
2. Carrier shall be required to compensate Operator W. H. Davis
in the amount of'a day's pay (8 hours) on May 28, 1959."
FINDINGS: The Organization here relies on our prior Award in Dockets Nos. 39,
49 and 50 in support of its claim, while Carrier argument is that
this case is distinguished by the fact that an Agent-Operator has
been stationed at Flemington since November 1957; hence, no operator
was displaced by its action.
While it is true that the Agent-Operator position was created in
November of 1957 in consequence of Award No. 63, SBA No. 132; it
is also true this same Agent-Operator position' was in existence at
the time of the incidents upon which the claim in our Award No. 49
arose (November 9 to 25, 1958). In fact, Carrier made the same
argument when we were considering the Union's claim in Docket
No. 49.
We will follow our Award in that Docket and issue a sustaining
Award.
AWARD
Claim sustained.
/s/ Edward A. Lynch
Edward A. Lynch
Chairman
/s/ R. K. Anthis
R. K. Anthis
Employee Member
/s/ T. S. Woods
T. S. Woods
Carrier Member
Dated at Baltimore, Maryland,
this 17th day of April, 1963.