SPECIAL BOARD OF ADJUSTMENT N0. 355

THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

STATEMENT OF CLAIM:

CASE N0. 70
AWARD N0. 15
ORT FILE BU·;.5768-33

1. Carrier violated the Agreement between the parties when on February 6, 1957, it required or permitted Conductor Crye on Extra 966 East to receive and copy train order No. 241 at Lansdowne,Maryland.

2. Carrier shall compensate the senior idle operator, on that date, in the aunt of a day's pay (8 hours).

FINDIMS

In our Award in Docket No. 1, we held that Martin -- the location at which the alleged violation occurred -- was a part of the auxiliary tracks serving, and under the control of the operator at Shoals.

In the claim before us here, the location at which the alleged violation occurred is a point at which no operator position existed since September 24, 1955 and is within the control of the operator at HX tower. We hold it to be within the station limits of EX Tower, so far as revised Article 35 is concerned.

AWARD

Claim denied.

/s/ B. N. Kinkead
B. N. Kinkead,
Employee Member
Dissenting

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

Dated at Baltimore, Maryland this 31st day of August, 1961.

/s/ T. S. Woods