NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
F. J. MEENAHAN
READING COMPANY
STATEMENT OF CLAIM:
Claim of F. J. Meenahan that the carrierReading Company-did on June 9, 1955, violate the Agreement, effective
April 1 1946, as amended, between the Reading Company and The Order of
Railroad Telegraphers when it honored the claim of J. J. Walsh to displace
F. J. Meenahan as Agent at Mahanoy City, Pennsylvania, and that F. J.
Meenahan be restored to his position and compensated as follows:
1. Claim that F. J. Meenahan be restored to his position as
Station Agent at Mahanoy City, Shamokin Division.
2. Claim that F. J. Meenahan be compensated for any difference in the hourly rate of pay at Reynolds and the hourly rate of
pay at Mahanoy City for the actual number of hours worked at
Reynolds.
3. Claim that F. J. Meenahan be paid at the Mahanoy City
rate for the actual time required to travel between Mahanoy City
and Reynolds, namely, one hour round trip per day, for every day
he worked at Reynolds.
4. Claim that F. J. Meenahan be paid for the use of his automobile at the rate prevailing for telegraphers, presently eight cents
per mile, for the distance between Mahanoy City and Reynolds, 34
miles round trip.
5. Claim that F. J. Meenahan be compensated for calls of two
hours each for every Saturday evening and for every Sunday evening
to cover trains 97, and 2020, respectively.
6. Claim that F. J. Meenahan be compensated for any loss in
vacation pay due to difference in rates of pay at Mahanoy City
and Reynolds.
7. Claim that F. J. Meenahan be compensated for three days
loss in vacation for 1955, due to position at Reynolds being allowed
15 days vacation, while the position at Mahanoy City allows 18
days vacation.
8. Claim that F. J. Meenahan be compensated for any loss
he might have suffered by not being paid for train orders handled
at Mahanoy City when the station was closed.
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9. Claim that F. J. Meenahan be compensated at the Mahanoy
City rate for one day's pay for every Saturday that he did not
work at Reynolds.
10. Claim that F. J. Meenahan be compensated for any earnings to which he might have been entitled if he were Agent at
Mahoney City.
OPINION OF BOARD:
As a result of Carrier's abolishing the agency
position at Gordon, Pa., a series of displacements followed during the months
of May and June, 195, including the displacement of Claimant Meenahan
herein from the position of Agent at Mahanoy City, Pa., by a senior employe,
under Rule 27 (a) of the Agreement between the Carrier and The Order of
Railroad Telegraphers, efective April 1, 1946, and corrected to September
1, 1951, including Memorandum of Agreement appearing at page 48 thereof
which was effective December 1, 1946.
On the basis of the agreement provisions, supra, the instant claim must be
denied.
While other issues are mentioned in the record, it is unnecessary to discuss them in view of the decision reached herein.
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 Employes involved in this dispute are respectively
Carrier and Employes 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
That the agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Trunnion
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of August, 1957.