SPECIAL BOARD OF ADJUSTMENT N0. 355
AWARD N0. 33/9
Parties: THE ORDER OF RAILROAD TELEGRAPHERS CASE NO. 33
THE BALTIMORE AND OHIO RAILROAD COMPANY ORT FILE: 2940

AWARD IN DOCKET N0. 33/9

STATEMENT OF CIAIM:

.1. Carrier violated the agreement between the parties hereto

when on February 10, 11, 12, 13, 14, 17, 18, 19, 21, 24, 25,

26 and 28, 1958, it caused, required and permitted Track Fore

man Henry, an employe not covered by the Telegraphers' Agree

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

at Mile Post 178 on the Ohio River Sub-Division of the Wheeling

Division, at or near Gallipolis Ferry, West Virginia, which work

was and is reserved solely to employes covered by the Telegraphers'

Agreement.

2. Carrier be required to compensate an idle operator pay for one

day on each date listed above because of said violations.

FINDINGS:

While Carrier never had a train order station at Mile Post 178, it did have a train order station at Gallipolis Ferry, Mile Post 178.8 and the parties are agreed that when the Gallipolis Ferry train order station was open the track foreman secured his track car lineups from the operator at Gallipolis,Ferry from Mile Post 178 where the where the toolhouse locates.

Mile Post 178 is 1,570 ft. east of the point of switch at the east end of the siding at Gallipolis. It is beyond the station limits at Gallipolis, and the claim will be denied.

A W A R D

Claim denied.

/s/ Edward A. Lynch

Edward A. Lynch

Chairman

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

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