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                                                    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,

                                    If, 74


                          ~ -ynUa~

                          Chairman


      ass y . B, P71ITT

      Employee uembe Carrier Mamber


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