SMCIAL BO= OF ADSU^JTLE' NT ITO. 355 CAR. FIIE : 2789
 
 
PARTIES: TM 
ORDERp~1 Or 
7~B 
i~RAILROAD 
TELEGRAPIEL'RS 
CASE NO. 274
 
THE BALI IMOR AND OHIO RAILROAD COMPANY
    
AWARD IN DOCKET NO. 2?4
· STATEMENT 1, Carrier violates and continues to violate the
 
OF CLAIM:  Agreemont when it requires a person not covered
   
by said Agreement to perform work of the agent
   
operator at Bowling Green, Ohio at a time when
   
the agent-operator is off duty.
  
2. Carrier shall compensate 
R. bI. 
Vannoy, agent-operator
   
at Bowling Green, in the amount of a minimum call
   
payment on each date this violation occurs beginning
   
with December 18, 1961.
 
F1ZWYNG$:  We think that a portion of the work at Bowling
   
Green which Carrier contracted out cannot be held
   
to be work exclusive to the Telegrapher class.
   
However, the flagging of trains for passengers is
   
part 
or 
the duties of the agent-operator at this
   
one-man station.
   
Carrierzs reliance on our Award in Docket No. 99 
is
   
of no help. There was no evidence there of any
   
flagging having been required. The evidence hero is
   
the contract between the Carrier and the contractor.
   
Accordingly a sustaining award is required on a call
   
basis.
     
A j7 A R D
Claims wined in accordance w~*th Findings.
i
"'"'-` war .. ync
Chairman 
1-=
- .  ~=  E. 
-Mitt
 
Employee uer Carrier Member
Dated at Baltimore, 
Maryland
this 16th day o£ September, 1964,