CASE N0. 279

              SPECIAL BOARD OF ADJITSTEE1P1T PTO. 355


PARTIES: THE ORDER OF RAILROAD TELEGRAPF1E''RS
 TEE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCLCET No. 2?9

 STATEMENT 1, Carrier violated the Agreement between the parties
 of CLAIM: when, on Vobruary 22, 1962 it required or permitted
 others outside the Agreement to perform operator=s
 work at XN Tower, Ohio:
 2. The Carrier shall compensate R_ E, Brown in the '
 amount of S hours pay at the time and one-half rate,

 FINDINGS: Organization°s claim is predicated on an alleged
 violation of "Article 23, Paragraph A, part no: Ill.
 Such section begins with the words "Time workdd.'T
 It is abundantly clear that claimant 'did no~avo
 any "time worked" on the holiday in question.
 Our dA.^.isian must turn on the Organization's allega
 tion Vint the Carrier permitted several trains on
 the hcli'av-Y to report cleaV, obtain permission, to
 reprn, t r7 efar and to cross -)'-7er--all of which is
 work "norro,?ly handled by ':_ZO operator at XN tower
 when :;:k clue ;°~_ It is c'.·~.zx.·d hn -rhould have been
 Caled 'r:o <yo e'h$<<P T~,'f:'T;a
              C21.~;,f':~.C>o ~: IC`·P~ 's`'.7·'!:'d·:i: E;Sii<'i '4"..~:r.'i t??)j.R::!3? ?',7n a1"v%s

              beC.:?:(V.'..i~t` ::n ~."s:;~)·)~."it9.~t:..'',:C :^,."· :'` ,tf.'.,~1:.s,S7,:~1: 'Lo

              use m).:in tx=k at ::r; tower :~o:~ .. ; :z-=~: ;;pr~x~,i;n-·'a

              and tA-tt "special i:natruct aaxa na:1 'U:i.:> t,;~,z ps," mit

              txa3.r!·e.4 goin;; in at BD tow·>r to g:"t p:.-v5.~aon frbm

              eitr;er IM or AY." Thic is not denied by the Organi

              zation.


              The trains here involved were switching crews primarily engaged in revenue service, and Article 35 specifically sanctions such use of the phone to communicate with the "nearest operator on duty."


              Carrier having elected to blan% XN tower on the holiday, these switching crews were making calls in a permissible manner, and their action does hot constitute the performance "of operatorts work at XN tower," as Organization alleges.


                      A W A R D


              Claim denied,

... -, i SQN 355

                                        Docket No. 279


                              2


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    .1~ yO S'.t~:,:'Nb'v,~t G~ ~,T~. ~,p~

Sl'e8Sly .r.1 7 1:1 p 1'.~I Ty
 Employee Member, Carrier Member

 Dated at Baltimore, A7aryland this 16th day of September, 1964,