Parties:

SPECIAL BOARD OF ADJUSTMENT N0. 355

AWARD NO. 33/5
THE ORDER OR RAILROAD TELEGRAPHERS CASE NO. 33
THE BALTIMORE AND OHIO RAILROAD COMPANY ORT FILE: 9240

AWARD IN DOCKET N0. 33/5

STATEMENT OF CLAIM:

1. Carrier violated the agreement between the parties hereto when

on April 14, 15, 16, 18, 22, 23, 25, 26, and 30, and May 1, 2,

5, 6, 8, 12, 14, 15, 16, 21, 22, 23, 26 and 30, 1958, and sub

sequent dates, 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 or near Brook,

Pennsylvania, 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 on which similar violations occur at or near Brook, Pennsylvania.

FINDINGS:

We are again concerned with Mile Posts 4, 5, 202, 238.

In our Awards in Dockets 33/3 and 33/4 we ruled that Mile Posts 6 and 238 were well beyond the station limits at Brook.

Mile Post 4 is located on the same low grade line, farther from the location of the former Brook tower, and much farther away than Mile Post 6.

Mile post 202 is not in the general vicinity of Brook. It is about 36 miles distant.

We will here hold that Mile Posts 4 and 202 are well beyond the station limits at Brook.

Claim denied.

/s/ B. N. Kinkead
B. N. Kinkead Dissenting
Employee Member

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

A W A R D

/s/ Edward A. Lynch
Edward A. Lynch
Chairman

/s/ T. 3. Woods
T. S. Woods
Carrier Member