Parties:
STATEMENT
OF CLAIM:
FINDINGS:
SPECIAL BOARD OF ADJUSTMENT N0. 355
THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 83
CASE N0. 75
AWARD NO. 83
ORT FILE BU 5773-33
1. Carrier violated the Agreement between the parties when on May 4, 1957
it required or permitted an employe not covered by the Agreement to
copy a train order at Lebanon, Illinois.
2. Carrier shall compensate R. C. Cox, agent-operator, Lebanon, in the
amount of a minimum call payment.
Article 35, among other things, permits employees other than telegraphers
to use the telephone in an emergency, caused by the forces of nature, interrupting or suspending service.
It says such use of the phone
"may only be continued until an employee covered by this
agreement can be made available."
In the instant case, the telephone was used only once. There was no "continued" use of the phone; and there being no charge of a continuing use of the
phone, there can be no violation.
A W A R D
Claim denied.
/s/ Edward A. Lynch
Edward A. Lynch
Chairman
/s/ B.
N.
Kinkead
B.
N.
Kinkead
Employee Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.
/s/ T. S. Woods
T. S. Woods
Carrier Member