SPECIAL BOARD OF ADJUSTMENT N0. 355


PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET N0. 22

 STATEMENT OF CLAIM:

 1. Carrier violated the Agreement between the parties when on August 19 and 27, 1957, at Spring Curve, Maryland, it required or permitted train service employes to receive and copy train orders and Form A.

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

 FINDINGS:

 Here we are concerned with claim arising at Spring Curve, Maryland. It is located 0.5 mile east of Ebitts Creek and 4.6 miles west of Patterson Creek, both continuously operated telegraph offices. No telegraph office was located there since September 24, 1955.

 There was located there a hand-thrown switch to a temporary siding. To the extent it wasin use, it was part of the auxiliary tracks, and under the control of the operator at Evitts Creek. It was, accordingly, within Evitts Creek station limits and the 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.