SPECIAL BOARD OF ADJUSTMENT N0. 355

CASE N0. 3,
AWARD NO. .3

ORT FILE 2337

PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS


AWARD IN DOCKET N0. 3

STATEMENT OF CLAIM:

1. Carrier violated the agreement between the parties hereto when, on April
4-9-10-11-12-13-16-17-18-19-20-23-24-25-26-27 and 30; May 1-2-3-4-7-8-9-10-11-14-15
16-17-18-21-22-23-24-25-28-29 and 31; June 1-4-5-6-7-8-28 and 29; and July 2-3-5-6
9-10-11-12-13-16 and 17, 1956, respectively, it caused, permitted and required a
conductor, an employe not covered by the Telegraphers' Agreement, to handle (receive,
copy and deliver) train lineups for a contractor constructing an overhead bridge
over the railroad tracks east of McCool, Indiana, which work was and is reserved
to employes covered by the Telegraphers' Agreement.

2. Carrier be required to compensate an idle telegrapher (extra in preference) for pay for one day (8 hours) on each date hereinbefore listed.

FINDINGS:

Under the circumstances obtaining in this claim, we must and will conclude that the Interpretation to Article 34 governs, rather than Article 35, and this claim will be sustained.

AWARD

Claim sustained.

/s/ Edward A. Lynch

Edward A. Lynch,

Chairman


/s/ B. N. Kinkead
B. N. Kinkead
Employee Member

/s/ T. S. Woods
T. S. Woods
Carrier Member

Dated at Baltimore, Maryland this 31st day of August, 1961.