SPECIAL BOARD OF ADJUSTMENT NO. 355 CASE N0. 255


          PARTIES: THE ORDER OF RAILROAD D TELEGRAPBERS

                  THE BALTIMORE AND OHIO RAILROAD COMPANY


                      AWARD IN DOCKET NO. 255


          STATEMENT '1,. Carrier violated the agreement between the

          OF CLAIM: parties when on December 22, 1961, it re

          quired or permitted an employee not covered

          by the agreement to communicate direct with

          the train dispatcher during a time when the

          agent-operator at Gassaway, refit Virginia,

          was off duty during his meal hour.

          2. Carrier shall comLansate Agent-Operator E.

          R. Brunt for one holsr at the overtime rate

          on December 22, 1961.


FINDINGS: The contents of the protested telephone
 conversation were such a:a to fall within
 the definition of "message^. It was
 definitely concerned with the makeup of
 ' a train and the movement of the cars which
 made up the train.
 A W A R D -
 I ~
 Claim su$tained.
 ~i t~

                            war , yn

                            Chairman


          C, R. Fess~ BB.

          Employee Meffber Carrier Member


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