NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE:

THE DELAWARE, LACKAWANNA AND WESTERN

RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The Delaware, Lackawanna & Western Railroad Company that:


(a) Walter L Wehr, regularly assigned to the 3 P.M. to 11 P.M. operator's position at Grove Street Tower was improperly displaced therefrom by H. Willm on July 1, 1946.


(b) In consequence of said improper displacement Walter L. Werh shall be paid for any wage and/or time lost plus the provisions of Rule 15 (a) between July 1, 1946 and April 16, 1947; and


(c) Any and all other employes adversely affected by said improper displacement shall be similarly paid.


EMPLOYES' STATEMENT OF FACTS: An Agreement bearing effective date of May 1, 1940, by and between the parties and hereinafter referred to as the Telegraphers' Agreement, is in evidence; copies thereof are on file with the National Railroad Adjustment Board.










As of February 28, 1945, Walter L. Wehr owned and occupied the second trick operator position at Grove Street Tower and H. Willm owned and occupied an operator position in "H" officei Hoboken. Effective March 1, 1945, the position owned and occupied by Mr. Willm was abolished and on March 5, 1945 he declared to displace Walter L. Wehr, his junior, who still owned and occupied the second trick operator position at Grove Street Tower. Mr. Willm did not actually and physically displace Mr. Wehr at Grove Street Tower until July 1, 1946. Between March 1, 1945 and July 1, 1946, Willm performed extra service on positions covered by the Telegraphers' Agreement and the Train Dispatchers Agreement. On May 29, 1946, Mr. Willm cancelled his declaration



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 Part (c) of the claim is a vague generalization. No claim thereunder was handled on the property specifying dates, locations and claimants. The Board has repeatedly held that it will not entertain such a claim.

 Under the circumstances, it is respectfully requested that the claim be denied.

OPINION OF BOARD: The facts are not in dispute in this claim before us. H. Willm owned and occupied an operator position in "H" Office, Hoboken, which was abolished March 1, 1945 and the work transferred to 140 Cedar Street, New York City. Under Rule 26 H. Willm has a right of election.







On March 5, 1945, Chief Train Dispatcher Cruser wired Walter L. Wehr as follows:


From March 1, to April 27, 1945, Willm performed extra work and on April 23 1945 he was assigned to a temporary vacancy by Carrier's Bulletin No. 15. This temporary vacancy expired November 21, 1945. From this date Willm worked extra to June 20, 1946. All this work was performed after he notified the Carrier that he would displace Wehr on March 4, 1945, under Rules 26 and 21.


Under Rule 21 there is no time limit specified for displacement; therefore, Willm could displace Wehr at his pleasure.
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 However, on May 29, 1946, Chief Train Dispatcher Cruser wired Wehr as follows:


At this point Willm lost his rights under Rules 26 and 21, and now exercised his rights as an extra employe under Rule 16 (m), which reads:






At this point Willm was an extra employe under Rule 16 (m) and was "permitted to exercise seniority only in connection with any position that may be vacant."

 Therefore, the Carrier violated the terms of the Agreement when it allowed Willm after May 29, 1946, to displace Wehr.

 The Board finds that as to claim (b) Wehr shuold be paid any monetary loss suffered by the displacement, less any amounts earned on position or positions occupied from July 1, 1946 to April 16, 1947 (dates of claim). That part of the claim referring to any monies due the claimant under Rule 15 (a) is remanded back to the parties for a check to ascertain if any travel time or expenses were incurred by the claimant due to the violation of the contract by the Carrier of Rule 16 (m).

 As to part (c) of the claim, the Carrier states that this part of the claim is so vague that the Carrier is unable to make adequte answer, that no such claim was handled on the property. Award 4821 states:




FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
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That the Carrier and the Employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and






Claim (a) sustained; claim (b) sustained in accordance with Opinion and Findings; claim (c) sustained.





ATTEST: A. I. Tummon
 Acting Secretary

 Dated at Chicago, Illinois, this 4th day of August, 1950.

The provisions of Rule 15 (a) relied upon in claim (b) being recognized as obviously inapplicable under the holding in the Opinion that the involved circumstance was not an emergency, the last sentence of the Opinion, which remands that part of the claim under 15 (a) for ascertainment of any travel time or expenses due to violation of Rule 16 (m), represents vain and void requirement upon the parties because of lack of any provision in Rule 16 (m) relating thereto.




                      /s/ C. C. Cook


                      /s/ J. E. Kemp


                      /s/ A. H. Jones


                      /s/ R. H. Allison