Parties:

STATEMENT OF CLAIM:

SPECIAL BOARD OF ADJUSTMENT N0. 355

THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

AWARD IN DOCKET NO. 139

Award No. 139 Case No. None (BU 7997-33)

1. Carrier violated the Agreement between the parties when on August 23 and on August 25, 1960, it required or permitted an employe not covered by said Agreement to transmit a message by use of telephone at Colfax, West Virginia.

FINDINGS:

Carrier shall be.required to compensate Operator P. E. Shorter in the amount of a day's pay (eight hours) on August 23, 1960, and Operator Paul Dowell in the amount of a day's pay (eight hours) on August 25, 1960.

The information involved in the protested telephone conversations here was a report of the progress of work (maintenance of way progress report). It was telephoned by the Track Foreman at Colfax to the Operator at CY Tower, for subsequent transmission to Baltimore.

It is asserted in behalf of the Carrier that there is no time urgency involved; it could just as well have been mailed.

The track foreman did call the nearest open telegraph office.

This is the type of claim we had before us in Docket No. 71. The facts here require a similar disposition.

Claims denied.

Dissenting
R. K. Anthis
Employee Member

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

A W A R D

/s/ Edward A. Lynch
Edward A. Lynch Chairman

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