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CAR. FILE: 2723
COM. FILE: A-3513
GR. DIV. BV 9060-33
SPECIAL BOARD OF ADJUSTMENT NO, 355
CASE No. 276
PARTIES: TI2 ORDER Or RAILROAD TE' ·GRAPI=S
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCEET N0. 276
STATEMENT 1. Carrier violated the Agreement between the parties
Oh CLAIM:
whom
it required or permitted an employee not
covered by said Agreement to wbrk the position bf
Agent at Bloomdale, Ohio on October 17, 18, 19. and
0
~0, 1961.
2. Carrier shall compensate an idle Operator in the'
amount of a day's pay (L
hours)
on each of the dates
set forth above.
FINDINGS: We are here concerned with Carrierts agency at
Bloomdale, Ohio for three weeks commencing October
2, 1961 while the regular agent was on vacation,
Extra Operator R. J. McCullough was assigned to and
filled this vacancy for the first two weeks and the
first worhaay;,of the third week. Carrier asserts
it needed his services at J Tower and assigned him
there October 17 through 21, 1961.
It is Organizationts position that instead o3 per
mitting McCullough to complete his assignment,
Carrier sent him elsewhere and assigned one N. J
wilondek, an employe not covered by the Telegraphers
Agreement, to fill the vacancy. Wilondelk is covered
by the Clorkst agreement;
Carrier argues that Organization handled this
case
on its property on the allegation that Extra Open-,
ators Baughman and Roberts were available; however,
'.it asserts, they were not available.
V,
h
4.
.1
s3fi 355
Docket No. 276
- 2 ..
Organization argued that Carrier "shad a man
(UcCullough) under the agreement, willing and able
to fill the position. Therefore, they had no
problem
gt7
:Bloomdale. They may have had a problem
some place else which could have been solved by some
ather method."
We believe the Organization has here failed to meet
ii;o burden of proving that Carrieris action violated
the agreement. Claim will be denied,
''AWARD
Clai led.
--,-E
a,
~
-ynUa~
Chairman
ass
y . B,
P71ITT
Employee uembe Carrier Mamber
Dated at Baltimore, Pllaryland
this 16th day of September, 1964,