Parties:
STATEMENT
OF CLAIM:
SPECIAL BOARD OF ADJUSTMENT NO. 355
THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 51
AWARD N0._51
CASE N0. 7
O.R.T.N0.2439
1. Carrier violated the Agreement when on November 8, 1956, at
5:01 a.m. it required or permitted Conductor Walker on Switch
Run Extra 123 South, at North Lima, Ohio, to contact Train
Dispatcher A. R. Frazier direct, to give disposition concerning
his work.
FINDINGS:
Carrier shall compensate senior idle operator on November 8, 1956,
for eight (8) hours' pay for the violation which occurred at
North Lima, Ohio, where an open telegraph office was maintained
after July 1, 1928.
One message is here involved. It was from Conductor Walker, of the Switch
Run to Train Dispatcher at Dayton:
"This is the Switch Run at Lima, we want to work through the
crossover at Piqua and down the main, or siding at Troy."
The dispatcher answered "okay, Mr. Walker".
In its submission in Docket No. 52 before this Board the Carrier states
that telephone calls with the Dispatcher
"involving inquiry of the Dispatcher as to the actual or estimated
arrival time of approaching trains do not fall within any of the
three restricted categories but those in the course of which instructions were sent to approaching trains or in the course of
which the Dispatcher was furnished with calls on outbound trains
clearly fell within the category of handling messages."
We believe the substance of this conversation did involve information
as to the manner in which this train's work was to be performed, and the claim
should, therefore, be sustained.
A W A R D
Claim sustained.
/s/ B. N. Kinkead
B. N. Kinkead
Employee Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.
/s/ Edward A. Lynch
Edward A. Lynch
Chairman
/s/ T. S. Woods
T. S. Woods
Carrier Member