CASE N0. 254

                    SPECIAL BOARD OF ADJIFSTMGWr N0. 355


      PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS

      THE BALTIMORE AND OHIO RAILROAD COMPANY

      AWARD IN DOCLd;T N0. 254


      STATEMENT 1, Carrier violates the Agreement between the parties

      OF CLAIM: when it requires or permits employees outside the

      Agreement to use the telephone to transmit and/or

      receive messages between points on the Akron'Divi

      sion.

      2, Carrier shall compensate an idle operator in the

      amount of a day's pay (eight hours) on each day

      such violations occur beginning on March 6, 1961,

      FILLINGS: This Docket embraces sixteen alleged rules viola

      tions beginning March 6, 1961. We shall treat with

      them in the order in which they were presented to

      this Board.


                    March 23, 1961. Th'S message gives the numbers of two cars, with instructions they be delivered to Copperweld Steel Company, showing Luria Brothers, of Cleveland as

;) the shipper, with all charges to be made to Luria
                    it involved two cars, and the information would

                    have to be recorded. A sustaining Award is required.

t; See Award in Docket No, 229,
 s~
                    April 20 and March 20, 1961, These messages gave e o al number of box, gondola. and hopper cars that had been reconditioned. Pie have reviewed our Awards in Dockets Nos. 155/3, 156/1 and 214, relied on by the Organization. Those Awards do not support these claims. We believe these to be the type of messages that could have been delivered by messenger or mail. They were routine in nature, These claims will be denied:


                    march 6, 1'~ and 22, 1961 e ve groupe these ates because the messages involved are in the same general category--that of the overtime report. It is not the same as we had in Award 214. The overtime data are telephoned daily. Carrier asserts, without contradiction, that it is part of a total report that is eventually handled by Operators at Z°JD office at Lorain to E Relay Office at Akron, SYe find no violation, and claims for these dates will be denied.

S 6 A 35 5
 DoeRet No. 254
April 17, 1TZ7~,^~1^8(2), 20, 21, 26: May 19: June 1(2), 2,

            0

The involved on April 13 and 18 are yard
 reports and, under Award No, 143, will be sustained.
 The message of April 20, 1961, labeled by the
 Organization as a "crew report" was just that; but
 the information was too genoral in nature to be con
 sidered a "message of record," and this claim (April
 20) will be denied.

 The messages of April 21, 26 and May 19 are yard reports, and claims therefor will be sustained.

 There are several messages subjected to claim for June 1, 1961. The first two, at 9:50 A. M., and 9:48 A.M., involve, respectively, overtime, reconditioned cars; and overtime calls are not violations and will be denied. That for June 2, 1961 relates directly to the movement of cars and will be sustained.

 On June 5 we have a detailed yard report, which claim will be sustained; O0114im for June 14 will be denied because it relates to reconditioned cars.

            AA' ARD


Claims di posed of in accordance with Findings.

          r ~ ync -.

          Chairman


~-t-kIr ~ . <_c
 Employee Member

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

 a., r,, irt~:wc
 Carrier Member