NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the New York, New Haven and Hartford Railroad that;
EMPLOYES' STATEMENT OF FACTS: An agreement bearing effective date of September 1, 1949, as to rates of pay and working conditions is in effect between the parties to this dispute, hereinafter referred to as the Telegraphers' Agreement.
The agreement contains a schedule listing stations which handle express business in addition to railroad freight and passenger business, stipulating the commission paid for handling Railway Express business by agents in employ of the Carrier. This agreement covers the agent position at North Haven, Connecticut.
The Agent at North Haven has for many decades acted as joint railroad and express agent at this location, handling any and all business for the Railway Express Agency in addition to his regular railroad assignments. For such express service the Railway Express Agency with the approval
In Award 4578 the New York Central agent at Stuyvesant had formerly handled, and been paid a commission on, express traffic for four neighboring towns. Upon substitution of direct truck transfer to those towns, the Stuyvesant agent filed claim which eventually resulted in the cited denial award. The opinion says:
Similarly in this case the parties have agreed upon a commission which results in earnings based upon the volume of business the North Haven agent is required to handle. The commission itself may not be changed except by agreement. But there is no guarantee of the amount it will produce, this being left to be determined by the flow of business.
It follows the claim as presented finds no basis in the schedule and should be declined in every particular.
All of the facts and arguments used in this case have been affirmatively presented to Employes' representatives.
OPINION OF BOARD: Claimant is an agent-operator at North Haven, Conn. On April 30, 1952, the Railway Express Agency instituted a truck service operating from New Haven, Conn., which serviced a number of its patrons within the corporate limits of North Haven. The result was that the handling of considerable express business was eliminated at North Haven with consequent loss of commissions to claimant.
The employes contend that claimant is entitled to handle any and all express business originating and consigned to the town of North Haven. In support of this contention, they cite Article 32 of the Agreement which reads as follows:
No contention is made that the rate of commission paid to claimant was changed in any way. From its clear language it is apparent that under Article 32, the Carrier is bound to protect the agent from unilateral decreases in the basis upon which commissions and allowances are figured, despite the fact that the real party in interest to wit: The Railway Express Agency, is not a part to the contract. Under this Article of Agreement, however, the Carrier has not assumed to protect the agent from fluctuations in the amount of earnings from express commissions and allowances whether those fluctuations be brought about because of decreased consignments or 6798-19 1256
shipments of express or because of the Express Company making a change in the handling of its business. (See Awards 2555, 4578 and 4792).
No other rule has been cited to us nor do we find any in the Agreement which would support a claim of this nature. We find the claim to be without rule support and hence find that a denial Award is indicated.
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:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved July 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and