SPECIAL BOARD OF ADJUSTMENT N0. 355
PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 2
STATEMENT
OF CLAIM:
CASE X0. 2
AWARD N0..2
ORT FILE 2336
1. Carrier violated the agreement between the parties hereto when, on February 14, 1956, at 9:32 AM; February 15, 1956, at 9:12 AM and 2:55 PM; February 28,
1956, at 12:02 PM; March 23, 1956, at 10:31 AM and 1:06 PM; March 29, 1956, at 9:29
AM; March 30, 1956, at 9:53 AM and 1:05 PM; April 2, 1956, at 8:25 AM, 12:43 PM and
1:13 PM; April 3, 1956, at 8:35 AM and 12:45 PM; April 4, 19_56, at 10:22 AM, 12:53
PM, 3:10 PM, 3:55 PM, 3:40 PM, 4:15 PM, and 4:55 PM, it caused permitted and required members of the crews of various.work extras in maintenance service, employes
not covered by the Telegraphers' Agreement, to receive, copy and deliver Form A,
and to report their train clear of the main track at Curtis Yard to the operator
at McCoo1, Indiana, which work was and is reserved solely to employes covered by
the Telegraphers' Agreement.
2. Carrier be required to compensate an idle telegrapher (extra in preference)
for day for one day (8 hours) on each date hereinbefore listed.
FINDINGS:
This claim involves use of the telephone by the same worktrains on the same
dates upon which claims were previously allowed at Gary, Indiana.
Carrier's letter of September 13, 1956 to the General Chairman allowed one
day's pay for each date account violation at Gary, Indiana, but refused to allow
an additional day's pay to another operator at Curtis Yard because the calls were
made by the same conductors of the same trains involved at Gary.
The Carrier's offer was a valid offer of settlement when made and accepted.
It is valid now.
Claim denied.
/s/ B. N. Kinkead
B. N. Kinkead
Employee Member
Dated at Baltimore, Maryland this
31st day of August, 1961.
AWARD
/s/ Edward A. Lynch
Edward A. Lynch,
Chairman
/s/ T. S. Woods
T. S. Woods
Carrier Member