AWARD N0. 45 CASE N0. 93 (BU-5791-33)

SPECIAL BOARD OF ADJUSTMENT N0. 355

Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 45

STATEMENT OF CLAIM:

1. Carrier violated the Agreement between the parties when on November ,l and 8, 1958 it required or permitted officials or employes not covered by the Agreement to communicate with the train dispatcher at Gassaway, West Virginia.

2. Carrier shall compensate Operator J. V. Keener, second trick Gassaway, in the amount of a minimum call payment on each date set forth above.

FINDINGS:

We will sustain this claim because one fact distinguishes it from other claims under Article 36 (a-2) previously handled by this Board.

That fact is that the work in question occurred on the second shift at Gassaway on a Saturday, the rest day of the second shift position. It is, for that reason, work which attaches to and is a part of the second shift operator's position. No relief having been furnished on that position on Saturdays, any work required accrues to the regular incumbent of the position.

This record discloses that the Carrier did call Claimant Operator on November 1 and November 8, 1958 "in order to dispatch Train No. 80."

We will, therefore, sustain this claim to the extent permitted under the call rule.

Claim sustained in accordance with the Findings.

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