SPECIAL BOARD OF ADJUSTMENT N0. 355


Parties: THE ORDER OF RAILROAD TELEGRAPHERS

          THE BALTIMORE AND OHIO RAILROAD COMPANY


STATEMENT 1. Carrier violated the Agreement between the parties when it
 OF CLAIM: required or permitted an engineer to receive and copy train
 order No. 127 and Form A at Nebo, Indiana, on July 4, 1957.
 2. Carrier shall compensate an idle operator in the amount of
 a day°s pay (8 hours) on July 4, 1957.
 FINDINGS:
 It is evident from the record that Nebo, Indiana, is within the
 station limits of XN (Dearborn) Tower so far as the application of Article 35
 is concerned.

 Nebo is a passing siding, the east switch of which is .7 mile west of XN Tower. No operator was ever employed at Nebo.

            Claim will be denied.


                          AWARD


Claim denied.

                      /s/ Edward A. Lynch

                      Edward A. Lynch

                      Chairman


/s/ B. N. Kinkead /s/ T. S. Woods
 B. N. Kinkead T. S. Woods
 Employee Member Carrier Member
 Dissenting

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