SPECIAL BOARD OF ADJUSTMENT N0. 355 AWARD N0. 33/12
CASE N0. 33
Parties: THE ORDER OF RAILROAD TELEGRAPHERS ORT FILE 2940
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 33/12
STATEMENT OF CLAIM:
1. Carrier violated the agreement between the parties hereto when on October 4, 11, 18 and 25, and November 1 and 22, and subsequent dates it
caused, required and permitted the Section Foreman at Martinville,
Ohio, an employe not covered by the Telegraphers' Agreement, to handle,
receive, copy and deliver track car line ups (Forms 1089-D) for his
track car over the telephone at Mile Post 49 plus 30 poles,
which work
was and is reserved solely to employes covered by the Telegraphers`
Agreement.
2. Carrier be required to compensate an idle operator, extra in preference, pay for one day (8 hours) on each date listed above, and all subsequent dates on
which similar
violations occur at said point.
3. Carrier be required to permit a joint
check of
its records to determine the number of subsequent violations occurring at said point.
FINDINGS:
Organization charges here a violation at'Martinsville, Ohio. Section Foreman copied track car lineups at Mile Post 49 plus 30 poles.
The parties agree Mile Post 49-30 is approximately 1660 feet west of the
former telegraph office at Martinsville,
which was
closed January 31, 1947.
The facts indicate Mile Post 49-30 is 1,091 feet west of the switch and
1,660 feet west of the former telegraph office at Martinsville. It is beyond
the station limits at-Martinsville, and in line with our prior awards, this
claim will be denied. -
A W A R D
Claim denied.
/s/ Edward 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, Md., this
20th day of February, 1962.