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 N0. 85
Case 95
Award 85
BU-5793-33
1. Carrier violated the Agreement between the parties when on
February 3, 1959, it required or permitted an employe not
covered by the Agreement to use the telephone at Shoals,
Indiana to receive and copy a message.
2. Carrier shall compensate Agent-Operator J. D. Tredway, in
the amount of a minimum call payment on February 3, 1959.
There is no question that the Carrier violated the Agreement in
this instance.
However, the claimant is a monthly reated employee and, under
Rule 18 (e) is not entitled to the penalty sought in the claim. We so
held in our Award in Docket No. 40. For this reason, this claim must be
denied.
A W A R D
Claim denied for reason set forth in the findings.
,js/ Edward A. Lynch
Edward A. Lynch
Chairman
/s/ B. N. Kinkead
B. N. Kinkead
Employe Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.
/s/ T. S. Woods
T. S. Woods
Carrier Member