CASE N0. 48
AWARD N0.87
FILE BU-5875-33
SPECIAL BOARD OF ADJUSTMENT N0. 355
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 87
STATEMENT
OF CLAIM:
1. Carrier violated the agreement between the parties when it
assigned officials and employes not covered by the agreement
to perform operators' work at North Branch, Maryland, on
January 21, 22, 23, 24, 25 and 26, 1957.
2. Carrier shall compensate idle telegraphers in the amount of
twelve hours' pay on each of the six dates mentioned above.
FINDINGS:
The "Interpretation to Article 34," upon
which the Organization relies
heavily, does apply where the contractor requires information by use of the
telephone regarding location of trains, etc.,
"for the protection of workmen, and construction equipment, etc."
This record shows that before this particular phase of the work had
begun, the concrete pillars had been completed. It further shows - without contradiction from the Organization - that the
"steel was placed by self-propelled motorized cranes operating
from the roadways so that there was no interference whatsoever
with rail traffic."
The Carrier says it sent its train service employees and an assistant
Yardmaster to the scene
"so they could stop trains if an accident occurred" during
the erection of the steel.
The protection of the contractor's employees and equipment was the
responsibility of the contractor.
All his equipment and workmen were working "on the road or above the
elevation of top of the previously constructed piers and so did not interfere
with the movement of trains in any way, nor did the movement of trains interfere with their operation."
There thus being no need for the protection of the workmen and construction equipment on the part of the Carrier, there was no need for the Carrier to
use telegraphers or telephones.
A_W_A_R_D_
Claim deniqd.
/s/ B. N. Kinkead, dissenting
/s/ Edward A. Lynch /s/ T. S. Woods
B.N.Kinkead, Employee Member Edward A. Lynch T.S.Woods,Carrier Member
Chairman
Dated at Baltimore, Maryland,
this 20th day of February, 1962.