SPECIAL BOARD OF ADJUSTMENT N0. 355
AWARD N0. 33/6
Parties: THE ORDER OF RAILROAD TELEGRAPHERS CASE N0. 33
THE BALTIMORE AND OHIO RAILROAD COMPANY ORT FILE: 2940
AWARD IN DOCKET N0. 33/6
STATEMENT
OF CLAIM:
1. Carrier violated the agreement between the parties hereto, when on
September 30, and October 1, 8 and 16, 1958, respectively, it caused,
permitted and required section foremen, employees not covered by the
Telegraphers' Agreement, to receive, copy and deliver, track car
line ups, (Forms 1089-D) at Nebraska, Indiana, which work was and is
reserved solely to employes covered by the Telegraphers' Agreement.
2. Carrier be required to compensate the operators named in said claim
pay for one day (8 hours) on each date named in said claim.
FINDINGS:
We are concerned here with Nebraska, Indiana.
Carrier contends the point at which the track car lineups were copied was
200 feet outside of the limits of the passing track (station limits) at Nebraska.
A telegraph office was located at Nebraska subsequent to 1928.
This fact is not denied by the Organization, although it offers the same
contentions in support of its claim here as it did in prior dockets of this kind.
The track car lineups here involved were copied beyond the station limits
of Nebraska and the claim will be denied.
A W A R D
Claim denied.
/sl 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.