SPECIAL BOARD OF ADJUSTMENT N0. 355
AWARD N0. 33/8
Parties: THE ORDER OF RAILROAD TELEGRAPHERS CASE N0. 33
THE BALTIMORE AND OHIO RAILROAD COMPANY ORT FILE: 2940
AWARD IN DOCKET N0. 33/8
STATEMENT
OF CLAIM:
1. Carrier violated the agreement between the parties hereto when it
caused, required and permitted employes not covered by the Telegraphers' Agreement to copy, receive and deliver track car line ups
(Forms 1089-D) at the following locations on the Main Line of the
1st Sub-Division of the Buffalo Division on the dates listed:
December 5, 13, 23 and 24, 1957, at Mile Post 230, December 4 and
10, 1957, at Mile Post 232; December 23 and 24, 1957, at Mile Post
234; and December 24, 1957, at Mile Post 234; and December 24, 1957,
at Mile Post 235.
2. Carrier be required to compensate an idle telegrapher, extra in
preference, pay for one day on the dates listed at each location
because of said violations.
FINDINGS:
We are dealing with alleged track car lineup violations at Mile Posts 230,
232, 234 and 235 on the Main Line of the 1st Sub-division of the Buffalo Division.
The specific locations involved in this claim are Valier and North Point,
Pa. A one-trick telegraph office at North Point was closed prior to December 1946.
A continuously open station at Valier was closed completely September 5, 1950.
Mile Post 230 is 3,789 feet west of the switch of the first team track
(the westernmost track facility) and 4,682 feet west of the former telegraph office.
It is beyond the station limits of Valier.
Mile Post 232 is 1042 feet east of the east switch of Valier and 5,878
feet east of the former telegraph office. It is beyond the station limits of
Valier.
At North Point there is a 4,507 ft. passing siding to which a team track
is connected. These facilities are east of the former telegraph office at North
Point.
Mile Post 235 is 7,032 feet west of the former telegraph office at North
Point.
In summary, we agree with Carrier statement that Mile Post 230 is west of
Valier and Mile Posts 232, 234 and 235 are between, but not at, either Valier or
North Point. Claims will be denied.
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 Dated at Baltimore, Md., Carrier Member
this 20th day of February, 1962,