SPECIAL BOARD OF ADJUSTMENT N0. 355

Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

STATEMENT
OF CLAIM:

CASE N0. 72
AWARD NO. 17
ORT FILE BU--5770-33

1. Carrier violated the agreement between the parties when on January 18, 1957 it required or permitted the Engineer on train No. 10 to communicate direct with the train dispatcher and copy a Form A.

2. Carrier shall compensate Operator C. R. Kreiger in the amount of one day's pay (8 hours) on January 18, 1957.

FINDINGS:

Carrier's defense here that the phone call made by the engineer directly to the dispatcher was made necessary "because of the failure of the operator at 'WC' office to complete the form A properly" -- does not relieve it of its responsibility.

This claim will be sustained.

Claim sustained.

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

AWARD

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

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

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