SPECIAL BOARD OF ADJUSTMENT N0. 355
Award No. 41
THE ORDER OF RAILROAD TELEGRAPHERS Case No. 62
Parties: THE BALTIMORE AND OHIO RAILROAD COMPANY BU 5760-33
AWARD IN DOCKET N0. 41
STATEMENT
OF CLAIM:
1. Carrier violated the Agreement between the parties when on January 26,
1957 it required or permitted,an employe not covered by the Agreement
to receive a message at Bridgeport, West Virginia.
2. Carrier shall compensate an idle operator in the amount of a day's pay
(eight hours) on January 269 1957.
FINDINGS:
This is another case involving a claim under Article 36 (a-2).
It is stated here by the Organization that on the date and at the hour in
question the Conductor of a work train not engaged in revenue service
"copied a message addressed to Ditcher Engineer Swearingen,
advising him that he would be called at 6:00 a.m., the following day to work the Berryburg Branch. It was signed by
his superior officer, who received a copy for the Conductor
and delivered it to the Ditcher Engineer."
Carrier's defense is that "the superintendent wrote us on it, and he said
that there was no record of any message being issued to the Ditcher Engineer at
Bridgeport." The Carrier makes no specific denial of the Organization's claim that
the telephone was used to "copy a message" or that the engineer "was notified by
telegram to go there x x x."
Carrier does admit that the Ditcher Engineer was scheduled and did work on
the Berryburg Branch at 6 o'clock the following morning.
We think the evidence here supports the Organization, that the message here
involved was a message of record. The claim will be sustained.
A W A R D
Claim sustained.
fs/
Edward A. Lynch
Edward A. Lynch
Chairman
/s/ B. N. Kinkead /s/ T. S. Woods
B. N. Kinkead T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.