SPECIAL BOARD OF ADJUSTMENT NO. 355
AWARD N0. 33/15
Parties: THE ORDER OF RAILROAD TELEGRAPHERS CASE NO. 33
THE BALTIMORE AND OHIO RAILROAD COMPANY ORT FILE: 2940
AWARD IN DOCKET N0. 33/15
STATEMENT
OF CLAIM:
1. Carrier violated the agreement between the parties hereto when on
December 30, 1957, and January 14, 15, 17, 20, 22, 23 and February 25,
1958, it caused, required and permitted employes not covered by the
Telegraphers' Agreement to handle, receive, copy and deliver Track
Car Line Ups (Forms 1089-D) at Mile Post 258 plus 30 poles on the Main
Line Sub-Division of the Pittsburgh Division, 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 because of
said violations.
FINDINGS:
The language of the claim indicates the alleged violations of December 30,
1957 and January 14, 15, 17, 20, 22, 23 and February 25, 1958 all occurred at Mile
Post 258 plus 30 poles. Claim for January 15 was subsequently withdrawn.
In the data supporting its claim, Organization reproduces correspondence
with Carrier relating to Mile Post 258-10 as yell as 258-30. In its oral argument
before this Board (February 24, 1961) the Carrier states (TP669):
"In addition, the Committee in the Carrier's case, identified as Case No.
1412, submitted claim for December 30 and 31, 1957, at Stewarton, Pennsylvania. The line-up which was secured by a section foreman on December 31st, 1957, at Mile Post 258 plus 10 poles, was actually copied at
the former location of GU Tower. On this basis it is apparent that the
track car lineup was secured at the point of GU Tower, and, consequently
the claim for that particular date was allowed."
To the extent that an action at Mile Post 258-10 may still be pending in
this docket, a track car lineup copied there requires a sustaining award.
As for Mile Post 258-30, the only track facilities west of that point were
an 815 ft. stub-end siding at Mile Post 258-42. Mile Post 259 was 877 feet beyond
Mile Post 258-42. During 1938 this stub-end siding was reduced from 815 to 549
feet. At the same time, a new trailing point crossover was installed at Mile Post
258-30.
It is admitted there was no tower or operator position at Stewarton.
It would appear, however, that Mile Post 258-30 was precisely at or within
the western station limits of GU Tower, and a sustaining award is in order.
Claim for copying track car line-up at Mile Post 259 will be denied because
that point is beyond what we have held to be the western station limits of the
location of GU Tower.
A W A R D
Claims for violation at Mile Post 258-30 sustained.
Claim for violation at Mile Post 259 denied.
/s/ Edward A. Lynch
Edward A. Lynch
Chairman
/s/ B. N. Kinkead
B. N. Kinkead
Employee Member
Dated at Baltimore, Md.,
this 20th day of February, 1962.
AWARD N0. 33/15
CASE N0. 33
ORT FILE: 2940
/s/ T. S. Woods
T. S. Woods
Carrier Member