Parties:

STATEMENT OF CLAIM:

FINDINGS:

SPECIAL BOARD OF ADJUSTMENT N0. 355

THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

AWARD 1N DOCKET N0. 138

1. Carrier violated the Agreement between the parties when on January 12, 1961 it required or permitted a track supervisor, not covered by said Agreement, to handle a message at Cridersville, Ohio.

Carrier shall be required to compensate Operator M. R. Barnett in the amount of a day's pay (eight hours) on January 12, 1961.

The telephone conversation between Carrier°s Track Supervisor and the Division Engineer's Department as well as the Trainmaster dealt mainly with the transmission of the consist of work train.

Settlement of prior claims on this property have been made where a consist was involved, on the premise a consist is a message of record. Prior awards of this Board have sustained claims involving consists.

AWARD N0. 138
CASE N0: (none)
BD 8032-33

A W A R D

Claim sustained.

s/ R. K. Anthis
R. K. Anthis Employee Member

Dated at Baltimore, Maryland, this 31st. day of May, 1963.

s/ Edward A. Lynch
Edward A. Lynch
Chairman

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