SPECIAL BOARD OF ADJUSTMENT N0. 355

Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

STATEMENT
OF CLAIM:

CASE N0. 19
AWARD NO. 7
ORT FILE 2675

1. Carrier violated the agreement between the parties hereto when on February 25 and March 1, 5, 11, 12, 13, 16, 17, 18, 19 and 20, 1957, it caused, required and permitted train and engine service employes not covered by the Telegraphers' Agreement to call the operator at West Keyser, West Virginia, from the telephone at the west end of the siding at Piedmont, West Virginia, and secure permission to leave siding and occupy No. 1 main track, and on March 18, 1957, to report clear at Piedmont; to secure permission to move east on siding and pick up caboose; and later to secure permission to proceed from Piedmont to West Keyser.

2. Carrier be required to compensate an idle operator, extra in preference, pay for one day (8 hours) on each date listed.

FINDINGS:

While we have here the same issue as in our Award in Docket No. 5, we have a fact here. which distinguishes this claim from that covered by our Award in Docket No. 5.

That fact is that an operator position did exist at Piedmont since the revision to Article 35 became effective on September 24, 1955



AWARD

Claim sustained.

/s/ B. N. Kinkead
B. N. _Kinkead
Employee Member

/s/ Edward A. Lynch
Edward A. Lynch
Chairman

Dated at Baltimore, Maryland this 31st day of August, 1961.

/s/ T. S. Woods
T. S. Woods
Carrier Member