PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET NO. 2413

 STATEMENT 1 - Carrier violated the Agreement between the
 OF CLAIM: parties when on December 4, 1961, it required
 or permitted an employoe not covered by the
 Agreement to transmit a message from Simpson
 Tunnel.
 2 - Carrier shall compensate Operator E. E. Aurand
 in the amount of a day's pay <S hours) on
 December 4, 1961.
 FINDINGS: The license which Article 35 bestows on Carrier
 personnel in the use of the telephone in the emergency
 situations there described is specifically limited
 by the Article "until an employee covered by this
 Agreement can be made available."
 Such restriction imposes a responsibility solely on
 the"Carrier to make an operator available. A lapse
 of 2 hours and 41 minutes occurred between the
 original call reporting a broken rail, and the second
 call reporting repairs completed.
 There being no evidence of even an attempt on
 Carrier's part to make an operator available, a
 sustaining Award is required for the second call.
 The original call reporting the rail was permissible.

          Claim sustain accordance wit~Findings,


              war Lynch

              · Chairman


_.C. . R. Plitt
 Bmplo m or Carrier Member

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