SPECIAL BOARD OF ADJUSTMET P10. 355 CASE N0. 283


PARTIES: TM ORDER OF RAILROAD TXLEGRAP:$LRS
 TIC BALTWOU: AND O=O RAILROAD COMPANY
 AWARD IN DOCMT N0. 293

 STATEMENT 1. Carrier violated the Agreement between the parties
 OF CLAIM: when on April 3, 1962, it roquirod or permitted an
 employee not covered by the Agreement to transmit
 a message at Clar1-.sburg, West Virginia.
 2. Carrier shall compensate Operator P. K. Cross in
 the amount of a dayts pay (3 hours) on April 3, 1962.
 FINDINGS: While it is consistently argued by the Organization
 that the work of every employe on a railroad is re
 lated to the movement of cars because the main
 reason for operating a railroad is to move people
 and merchandise by rail, eve can only accept such a
 thesis as an acedemic argument. Claims of rules
 violations roust still be evaluated on the basis of
 the facts in each particular case.
 The claim before us in this Docket is a case in
 point. Carrier's police department is charged with
 the protection of its property, equipment and
 structures. Because of the nature of their work we
 can find no basis in the rules agreement :for any
 restriction on their use of the telephone or radio
 in the discharge of their duties so long as they do
 not blocs: trains, issue train orders or transmit
 messages relating directly to the movement of trains. A I°l A R D

              Claim denied '.


                      ' GTJar" ynC

                      Chairman

        4.Ir~.:'~-.1,_


CARA

"M. it tj. 7E-.-Pj3.VZ
 Employee .er Carrier Member

 Datod at Baltimore, Naxyland this 16th day of September, 1964.