SPECIAL. BOARD OF ADJUSTMENT N0. 355
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 91
STATEMENT
OF CLAIM:
1. Carrier violated the provisions of the agreement between the
parties hereto when it failed and refused to compensate
Operator W. A. Knight for pay for one day at pro rata rate
for August 6, 1958, because of not being used on his regular
turn on second trick HN, Cabin, Illinois.
2. Carrier be required to pay Operator W. A. Knight pay for one
day for eight hours for August 6, 7958.
FINDINGS:
Under the circumstances here obtaining, this claimant was prevented
from taking his regular assignment at 2 p.m., August 6, by the Hours of Service
law. He would then have only had six hours' rest after his last previous service,
which was filling a vacancy other than his own on the third trick at KN office,
for which no other qualified operator was available.
Claimant is here seeking payment of a full shift for such assignment
under Article 22'k on the basis he was "ready for service."
He was not then "ready for service" because he did not have the required
eight hours' rest.
A W A R D
Claim denied.
/s/ Edwarc A. Lynch
Edward A. Lynch
Chairman
/s/ B. N. Kinkead /s/ T. S. Woods
B. N Kinkead dissenting T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.