PARTIES: TAE ORDER OF RAILROAD TELEGRAPHERS GR. DIV. BU-9242-33
 THE BALTIMOh.E AND 03310 RAILROAD COMPANY CASE N0. 244

STATEMENT 1 - Carrier violates and continues to violate the Agree-
 OF CLAIM: ment between the parties on March 8, 1962 and sub
 sequent dates Mondays through Saturdays when it
 requires or permits train service employees to use
 the telephone at Lodi, Ohio to securre permission to
 use tracks, crossover and exchange other informa
 tion relating to the movement of the train.
 2 - Carrier shall compensate the occupant of the Agent
 Operator position at Lodi (J. R.Collett when this
 claim began) for a minimum call payment each day
 Mondays through Fridays and two minimum call pay
 ments on each Saturday, beginning March 8, 1962,
 and continuing thereafter until the violation is
 corrected.

 FINDINGS: The parties are agreed here that the train involved in
 this claim is a switching train engaged primarily in
 revenue service.

 We are: confronted with.Carrier insistence that trains in the intermediate block "have always been permitted to call either Operator (OD Tower or Nova) for instructions. If they could not raise the operator at one location, they would ring the operator at the other location."

 It is a fact that prior to the closing of the three trick train order station at OD Tower on January 20, 1962 OD Tower had always handled the Rittman-h7ooster Local to and from Wooster.

 After the closing of OD Tower, the Agent-Operator at Lodi, Ohio handled and continues to handle the Rittman-Wooster Local on its trip from Lodi to Wooster. However, when this Local reaches Lodi on its return trip, there is no operator on duty at Lodi since it is a one trick operation. The Local°s return is handled by the Operator at Nova, a three trick office located 16.6 miles west of Lodi.

 It being a fact that the telephone was used within the station limits of Lodi, its use outside the assigned hours of the Agent-Operator belongs to the Agent-Operator on a call basis.

 We will sustain the claim for March 3, 1962 and on those dates thereafter for which fpctual data are presented.

          Claim sustained ,tnn,,acor,~zancra cith Vi dings,/~

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          war :'

                          Lynch

                          Chairman ~-


. . ess y, m _ ·emoor , , , C rr er Member

 Dated at B ttmore, Maryland~·-°-°`-^~ this 16th day of September, 1964.