SPECIAL BOARD OF ADJUSTMENT NO. 355
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT
OF CLAIM:
1. Carrier violated the Agreement between the parties when on
November 12, 1958, it required or permitted the Supervisory
Agent at Johnstown, Pennsylvania, to transmit and receive
messages at a time when the Operator was not on duty.
2. Carrier shall compensate M. 0. Barnes, Operator, Johnstown,
in the amount of a minimum call payment.
FINDINGS:
The pertinent question here is: when Supervisory Agent Diehl, in
response to a telephone request from Bethlehem Steel Corporation, telephoned
the operator at Rockwood outside the assigned hours of the operator at Johnstown to secure information as to the arrival there of any ore or limestone
destined for Bethlehem, was he trdnsmitting a "message" within the interpretation given that word in the Agreement?
We think not for three reasons:
1. We have already held use of the phone to secure information
as to the arrival or time of arrival of a train was in the
category of permissible conversation.
2. The information here involved was not, in our judgment, a
message of record.
3. The information was for the sole benefit.of the consignee.
As we did in our Award in Docket No. 70, we will do here. A denial award
is in order.
A W A R D
Claim denied.
/s/ Edward A. Lynch
Edward A. Lynch
Chairman
/s/ B. N. Kinkead /s/ T. S. Woods
B. N. Kinkead T. S. Woods
Employee Member Dissenting Carrier Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.