SPECIAL BOARD OF ADJUSTMENT N0. 355 AWARD N0. 33/13
CASE N0. 33
Parties: THE ORDER OF RAILROAD TELEGRAPHERS ORT FILE: 2940
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 33/13

STATEMENT OF CLAIM:

1. Carrier violated the agreement between the parties hereto when on

November 7, 8, 26, 27, 29 and December 2, 4, 5 and 6, 1957, and

subsequent dates, it caused, required and permitted Track Car

Operators, employes not covered by the Telegraphers' Agreement,

to handle, copy, receive and deliver track car line ups

(Forms 1089-D) at Mile Post 137 plus 22 poles for the operation

of track cars, 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 on each date listed above, and on all subsequent dates similar violations occur at said location.

FINDINGS:

The pivotal point here is Mile Post 137-plus 22 poles.

A two-trick telegraph office at Huron was closed March 8, 1950.

Mile Post 137-22 is about 374 feet east ofthe east passing track switch, and 2,770 feet east of the location of the former telegraph office at Huron. It is beyond the station limits of Huron and the call is permissible at that point.

A W A R D

Claim denied.

/s/ Edward A. Lynch

Edward A. Lynch

Chairman

/s/ B. N. Kinkead - Dissenting /s/ T. S. Woods
B. N. Kinkead T. S. Woods
Employee Member Carrier Member

Dated at Baltimore, Md., this 20th day of February, 1962.