SPECIAL BOARD OF ADJUSTMENT N0. 355

Parties: THE ORDER OF RAILROAD TELEGRAPHERS Award No. 43
THE BALTIMORE AND OHIO RAILROAD COMPANY Case No. 46
O.R.T. No._2964
AWARD IN DOCKET N0. 43
STATEMENT
OF CLAIM:
1. Carrier violated the Agreement between the parties hereto

when on February 14, 1958, it caused, required and per

mitted Car Inspector Clendenin, an employe not covered

by the Telegraphers' Agreement, to transmit directly over

the telephone at West Middletown, Ohio, to the train

dispatcher at Dayton, Ohio, a message reporting that

B&0 825051, a hopper load, repaired hot box, was ready to

be moved and that the train dispatcher could give the

switch run south a message that it had been repaired and

could be moved to Hamilton for repairs.

2. Carrier be required to compensate an idle operator pay for one day (8 hours) because of said violation at West Middletown on February 14,-1958.

FINDINGS:

We fail to see how information that B&O hopper 825051, which had been withdrawn from service because of a hot box, was repaired and ready to be moved by the Switch Run South, would not be made a matter of record by the Carrier.

We believe such information constitutes a "message" and the claim will be sustained.

A W A R D

Claim sustained.

/s/ 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.