CASE N0. 126
AWARD NO. 76
ORT FILE BU 5824-33

SPECIAL BOARD OF ADJUSTMENT NO. 355

THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY

Parties:

AWARD IN DOCKET d0. 76

STATEMENT OF CLAIM:

1. Carrier violated the Agreement between the parties when on September 27, 1957 it required or permitted others not covered by the Agreement to transmit or receive messages at Johnstown, Pennsylvania.

2. Carrier shall compensate an idle telegrapher at the amount of a day's pay (eight hours) on September 27, 1957.

FINDINGS:

We cannot sustain a claim merely on organization's statement that Carrier violated the agreement when it permitted others not covered thereby to transmit or receive "messages." Organization has here failed to meet its burden of submitting evidence as tothe nature of the "messages" complained of.

A W A R D

Claim denied in accordance with Findings.

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

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

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

Dated at Baltimore, Maryland, this 20th day of February, 1962.