SPECIAL BO1AM OP ADJUSTMEL'NT NO, 355 CAR. FILE: 2941
COX. FILE: A-3731
GR. DIV. BU-9223-33
PARTIES: THE ORDER Or RAILROAD TEWGRAXMIRS CASE N0. 280
e THE BALTIHORE AIM OliI0 RAILROAD COMPANY
ACJARD IN DOCIOT NO. 280

STATEMENT 1. Carrier violated the Agreement between the parties
Oh' CLAIM: when, on July 9, 1962 it required or permitted an
employee not covered by said Agreement to perform
work during the ticket agent's assigned hours at
Chillicothe, Ohio.
2. Carrier shall compensate ticket agent R, 1% Barnhaxt
in the amount of eight hours at the time and one-half
rate for July 8, 1962.
FINDINGS: This claimant is used on a 10:d0 and 11:34 A. M., call
basis to cover the arrival of two trains on Sundays.
On the date giving rise to this claim a third train
which ordinarily arrives outside claimantqs assigned
hours was late and arrived within his assigned 8:00
5:00 workday hours. Scheduled for a 5:32 A.i7., ar
rival it did not arrive until 8:45 A.PI4, Carrier
used a ticket clerk, outside the agreement here ap
plicable, to cover the arrival of the train.
In our Award in Docket No: 233 we followed our Award
in Docket No; 112 which held that "when Carrier ro
quires that work be performed on the rest days of
positions, the work must fall within the established
time limits of the position or positions required to
be worked."
This record does not disclose when Carrier first
became aware of the fact that Train No. 1 would be
late. It shorts the Traincmster instructed the Ticket
Clerk to protect it, and that clerk's assigned hours
end at 5:30 A.r1. The train did not arrive until 3
hours, 15 minutes later. Carrierts de:ense is that
"the ticket clerk is regularly assigned to handle
Train No. 1."
As it turned out, Carrier required the handling of
Train No. 1 within the assigned hours of Ticket Agent
R. GJ. Barnhart, ar,A a sustaining award is required.
A R D






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Employe ~"'~ " - - Carrion Member
7)ated at Pa more, Maryland
this 16th day of September, 1964.