Case No. 83 Award No.79 File BU-5781-33

SPECIAL BOARD OF ADJUSTMENT N0. 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

July 12, 1958, it required or permitted a trainmaster, not

covered by the Agreement, to use the telephone at or near Miller,

West Virginia, to issue instructions and receive information con

cerning the movement of trains.

2. Carrier shall compensate an idle operator in the amount of one day's pay (eight hours) on July 12, 1958.

FINDINGS:

Article 35 provides that "use of the telephone x x x by other (than telegrapher) employees (in such emergencies as interruption or suspension of service by reason of wrecks xxx) may only be continued until an employee covered by this Agreement can be made available."

In the case before us, Carrier not only failed to make an operator available; it made no attempt to secure one.

A sustaining award is in order.

A W A R D

Claim sustained.

/s/ Edward A. Lynch

Edward A. Lynch

/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.