SPECIAL BOARD OF ADJUSTMENT N0. 355
AWARD N0. 36
Parties: THE ORDER OF RAILROAD TELEGRAPHERS CASE N0. 43
THE BALTIMORE AND OHIO RAILROAD COMPANY ORT FILE 2961

AWARD IN DOCKET N0. 36

STATEMENT OF CLAIM:

1. Carrier violated the agreement between the parties when on November 14, 1958, it caused, required, and permitted Conductor Batton, an employe not covered by the Telegraphers' Agreement on a work train in maintenance service to receive, copy, and deliver a message at Eaton, West Virginia.

2. Carrier be required to compensate Operator W. L. Sirk for one day's pay because of said violation.

FINDINGS:

The telephone conversation made subject of this claim is, like that in our Award in Docket No. 35, not a message of record and was, for this reason, permissible.

A W A R D

Claim denied.

/s/ Edward A. Lynch

Edward A. Lynch Chairman

/s/ B. N. Kinkead /s/ T. S. Woods
B. N. Kinkead (Dissenting) T. S. Woods
Employee Member Carrier Member

Dated at Baltimore, Maryland, this 20th day of February, 1962.