SPECIAL BOARD OF ADJUSTMENT N0.,355 ORT NO.2944
PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 39
STATEMENT
OF CLAIM:
1. Carrier violated the agreement between the parties hereto when
on September 19, 1957, it caused, required and permitted an alleged
Flagman stationed at Flemington, West Virginia, and
a
Conductor
on a train to communicate directly with the train dispatcher at
Grafton, West Virginia, over the telephone at Flemington, and to
receive
instructions directly
from said train dispatcher.
2. Carrier be required to compensate an idle operator pay for one
day on September 19, 1957, because of said violation, and pay for
one day for an idle operator on all subsequent dates on which
similar violations of record occur.
FINDINGS-
Two Two conversations are involved in this claim. The first, between the
Flagman and Dispatcher, comes within our interpretation of permissible conversation.
The second
conversation, in
consequence of Dispatcher's request made in the
conversation with the flagman and Harry Phillips, the conductor on an eastbound
mine run:'
"Phillips at Flemington -- What do you want?
"Dispatcher -- You go to Flemington and get in the clear and we
have an engine coming out of here with empties and
they want you to place some of the mines. I'll call
you when they decide what they want you to do."
This latter conversation is of the same character as that involved in
Organization's Claim No. 1117, settled by Carrier's letter covering conference
held thereon on August 15, 1957 (Docket
No.
34, ORT Exhibit No. 2):
"However, in one the conversations of April 25, 1957, a message
was sent instructing the crew of train 95 on what to do on arrival x x".
(Emphasis added)
That conversation, plus two others furnishing consist information were
acknowledged by the Carrier to be contract violations, and the claims were allowed.
Consequently, we will sustain claim for the conversation involving
Phillips and the Dispatcher. Claim for subsequent dates will not be allowed.
A WAR D
Claim sustained to the extent indicated in findings.
/s/
Edward A. Lynch
Edward A. Lynch
/s/ B.
N.
Kinkead Chairman /s/ T. S. Woods
B.
N.
Kinkead Dissenting T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Md.,
this 20th day of February, 1962.