SPECIAL BOARD OF ADJUSTMENT NO. 355

THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

Award No. 144
Case No. None
BU 5635-6797
6802-6803-6805
7946-7947-8022-33

Parties:

AWARD IN DOCKET N0. 144

STATEMENT OF CLAIM:

1. Carrier violated the Agreement between the parties when it required or permitted others not covered by said agreement to transmit and/or receive messages at Whitcomb, Indiana on January 15, 17, 21, 23, 24, 1958, April 13, 1959, May 1, 7, 12, 1959, September 11, 1959, October 26, 27, 28, 29, 1959, November 2, 1959, August 8, 1960, November 7 and 8, 1960.

2. Carrier shall be required to compensate an idle operator in the amount of a day's pay (8 hours) on each date set forth above.

FINDINGS:

What we are here confronted with is the act of a Yardmaster "listening in" to the transmission of reports from one operator to another, and copying such information as he required.

Such an act does not violate the agreement and a denial award will be made.

A W A R D

Claim denied.

/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 31st day of May, 1963.