AWARD N0._63
CASE N0. 38
ORT N0. 2956
SPECIAL BOARD OF ADJUSTMENT N0. 355
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 63
STATEMENT
OF CLAIM:
1. Carrier violated the Agreement between the parties hereto when
on April 22, 1957 and April 29, 1957, it caused, required and
permitted the conductor on Train No. 79 to communicate directly
with the train dispatcher over the telephone from Sidney, Ohio
and Vandalia, Ohio, and give and receive information of record
over the telephone in violation of Article 1, 31 and 35 of the
Telegraphers' Agreement, said work being reserved exclusively
to employes covered by said Agreement.
2. Carrier be required to compensate an idle operator, extra in
preference, pay for one day on each of said dates listed above
because of said violations.
FINDINGS:
It appears abundantly clear that SBA No. 132, in its award in its
Docket No. 59, held
"that the parties have recognized that it is not a violation
of the 'Scope' rule of the Telegraphers' Agreement in CTC
territory for train crews to communicate with the dispatcher
for the purpose of obtaining permission to come out on main
track and reporting by. So long as the train crews neither
block trains nor copy or handle train orders in communication
with the dispatcher we find no violation of the Agreement."
In this case, the Organization offers the argument that Award 59 of
SBA No. 132 was predicated on old Article 31; that it was revised and appears
now as Article 36, which Article 36 amends the scope rule--hence, Organization's
interpretation of the "no communication with the dispatcher" obtains and, in
its view, Award 59 is overturned.
We have previously treated with the "no communication with the dispatcher" phase of the argument in our Award in Docket No. 34.
A careful analysis of Organization's entire argument leads us to conclude
that Article 36 did not affect the basic ruling upon which SBA No. 132 predicated
its findings in Award No. 59. ,
The claim here, based on an occurrence in CTC territory, will, therefore, be denied.
AWARD
Claim denied.
/s/ B. N. Kinkead /s/ Edward A. Lynch /s/ T. S. Woods
Employee Member Dissenting Chairman . Carrier Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.