PARTIES: TIC ORDER OF' RAILROAD TELEGRAPI-MRS CASE N0. 242
 THE BALTIMCRE AND OHIO RAILROAD COMPANY

STATE== I. Carrier violated the Agreement between the parties
 OF CLAIM: when on January 13, 1962, it required or permitted
 an employee not covered by the Agreement to copy a
 train order at Triadelphia, West Virginia.
 2. Carrier shall compensate M. L. Wolfe in-the amount of
 a day's pay (eight hours) on January 13, 1962.
 FINDINGS: We do not believe a train which operates from Point
 A to Point IC and sets out, and/or picks up cars at
 one or core points enrouto to be a "switching crew
 primarily engaged in revenue service," within the
 meaning and intent of Article 35 which grants to
 such crew the right to use the telephone, at the ends
 of passing sidings or spur tracks where'no operator
 position has existed since July 1, 19213, to communi
 sate with the nearest operator on duty.
 It is not sufficient for the Carrier to argue that
 some of the cars handled by the train in question
 "actually involved some kind of switcI:dng;" or that
 some of the cars "were actually picked up by that
 train as a result of switching, etc."
 We will follow our Award in Docket No. 130, which
 reversed the Award in Dmekot No. 26, and will issue
 a sustaining award here.

            Claim susta~d


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                    Chairman


C, Re es~_ ~U. _,
 Employ"rather J_ V.L1
                                      Carrier Member


Dated at Baltimore, Maryland this 16th day of September, 1964.