NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
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 & Hartford
Railroad that:
1. The Carrier violated the terms of the effective Agreement between
the parties when on March 2, 1954, it declared abolished the
regularly established position of Operator-Clerk at Plainville,
Connecticut, 2:55 P. M. to 10:55 P. M., without in fact discontinuing the work embraced by said position.
2. The carrier further violated the Agreement when, concurrently
with the discontinuance of the Operator-Clerk position at Plainville, it changed the assigned hours of the Ticket-Agent-Operator
position in the same office for the purpose of making it possible
to transfer the work of the Operator-Clerk position and assigning
the performance of same to the Ticket-Agent-Operator.
3. The Carrier further violated the Agreement when, concurrently
with the discontinuance of the Operator-Clerk position at Plainville, it transferred the work and function of the Supervisory
Monthly Rated Freight Agent to employes in the freight office not
subject to the agreement at that point, and required the occupant
of said Supervisory Monthly Rated Freight Agent to suspend
work on his own position, for the purpose of making it possible
for him to go to the passenger depot and take over the work of
the Ticket-Agent-Operator 7:00 A. M. to 12:00 noon each work
day.
4. The work of the Supervisory Monthly Rated Freight Agent's
position
which was
transferred to and is now being improperly
performed by employes having no rights under the Agreement
shall be returned to the scope of said agreement and performed
by the rightful owner thereof.
5. L. J. Prior, who was the owner of the improperly abolished
Operator-Clerk position, shall be returned to his position and
compensated an amount equivalent to the difference between that
which he
has earned on other positions commencing March 2,
1954, and continuing each day on a day to day basis, and that
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which he would have earned had he been permitted to remain on
his own position at Plainville.
6. S. N. Imme, the regular occupant of the second shift OperatorClerk position at Wallingford, Connecticut, who was displaced
by L. J. Prior as a result of Prior being removed from his
operator-clerk position at Plainville, shall be returned to his
position and compensated an amount equivalent to the difference
between what he earned on other positions and that which he
would have earned had he been permitted to continue on his own
position, commencing on the date he was so displaced and continuing on a day to day basis until the violation is corrected.
7. L. J. Prior and S. N. Imme shall be further compensated during
the time they have been and are required to work off their rightful assignments at Plainville and Wallingford, respectively, in
accordance with the provisions of Article 29.
8. The senior idle extra employe on the district shall be compensated
an amount equivalent of one day of 8 hours at the established
rate for the operator-clerk position at Plainville, commencing
March 2, 1954 and continuing each day until the positions and
work involved are restored to their proper status.
FINDINGS:
The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That no hearing thereon has been held, and under date of October 26,
1955, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request
is hereby granted.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 4th day of November, 1955.