C:\AWARDS\OUT\SBA355-61.htm

SPECIAL BOARD OF ADJUSTMENT NO. 355 AWARD N0. 61 CASE N0. 5 Parties: THE ORDER OF RAILROAD TELEGRAPHERS ORT FILE 2350 THE BALTIMORE AND OHIO RAILROAD COMPANY AWARD IN DOCKET NO. 61 STATEMENT OF CLAIM:

1. Carrier violated the agreement between the parties hereto when on June 13 and 16, 1956, it caused, permitted and required conductors, employes not covered by the Telegraphers' Agreement to give to the train dispatcher the approximate time their trains would leave Weston; the number of cars in their trains; where they got the loads; the number of loads left in the various mines in the region; and receive instructions from the train dispatcher what work to perform and also gave the train dispatcher information as to how long it would take him to go from Weston to Lost Creek, which work was and is reserved solely to employes covered by the Telegraphers' Agreement.

2. Carrier violated the agreement between the parties hereto when on August 20-21-25-28-29 and September 1, 1956, it caused, permitted and required conductors, employes not covered by the Telegraphers' Agreement, to give the train dispatcher at Grafton, West Virginia, over the telephone from Weston, West Virginia, reports on the number of loads he would have leaving Weston; of what loads would be left at Weston; what the loading was in the mines in the Weston region; where he would be filling out after his train left Weston; what time he would leave Weston; and approximately what time he would arrive at certain points after he left Weston; and in turn received information and instructions from the train dispatcher concerning his work at Weston and along the road after leaving Weston, all of which was information of record, and is work reserved exclusively to employes covered by the Telegraphers' Agreement.

3. Carrier violated the agreement between the parties hereto when on October 1-3-4-8-10 and November 8-9-12-13-15-16-19-21-27-28-29 and 30, 1956, it caused, permitted and required conductors, employes not covered by the Telegraphers' Agreement, to communicate directly with the train dispatcher over the telephone from Weston, West Virginia, and inform the train dispatcher of the time their various trains would be ready to leave Weston; give him the loads and empties they would have leaving Weston; where empties had been placed; the condition of the mines in the region; loads and empties left in yard at Weston and other points; and to receive instructions from the train dispatcher in regard to his work between Weston and Clarksburg, West Virginia, which work was and is reserved solely to employes covered by the Telegraphers' Agreement.

4. Carrier shall be required to compensate an idle telegrapher, extra in preference, for pay for one day (8 hours) for June 13 and 16; August 20-21-25-28-29 and September 1; October 1-3-4-8-10, November 8-9-1213-15-16-19-21-27-28-29 and 30, 1956.

-2- AWARD N0. 61

CASE N0. 5 ORT FILE 2350 FINDINGS: The type of information involved in the communication with the dispatcher in this case is that type we have previously held to be violative of the Agreement. This claim will, therefore, 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. 4UG 27 1982 J BERT l~.