SPECIAL BOARD OF ADJUSTMENT NO. 355
THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
Parties:
AWARD NO. 38
CASE NO. 54
BU 5881-33
AWARD IN DOCKET NO 38
STATEMENT
OF CLAIM:
1. Carrier violated the Agreement between the parties when it required
or permitted an employe not covered by the Agreement to perform the
work of Agent-Operator at Ridgway, Pennsylvania on October 31, 1958.
2. Carrier shall compensate Extra Operator Adam Kuzniar in the amount of
a day's pay for October 31, 1958.
FINDINGS:
On October 30, 1958, -- the date Carrier alleges it first learned AgentOperator Carbaugh was going to be absent on vacation October 31, 1958 -- Adam
Kuzniar, an extra operator who was the senior applicant for the Position, "Agents
and Operators to relieve Agents and Operators on Vacation" as bulletined May 7,
1958 was available. He was not called.
We will sustain the claim here only because there is no evidence in the
record of Carrier having done anything to secure a substitute from the petitioning Organization. The evidence of record is that the Division Operator told
Agent-Operator Carbaugh "to call Clerk Westbrook to fill the vacancy".
A W A R D
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 20th day of February, 1962.