Docket No. TE-10248
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
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 and Western
Railroad, that:
Carrier neglected or otherwise failed to comply with the Time
Limit Rule, and because of such failure to observe said Time Limit
Rule, it shall now be required to allow as presented the following
grievance:
"December 9, 1956
383
Mr. R. W. Jones
Supt. DLAW R.R.
Scranton 3, Pa.
Dear Mr. Jones:
This is a grievance in behalf of Agent-Operator R. P.
McCann, Whitney Point, N. Y. rel to an order issued by Trainmaster H. E. Cyphers in which Maintenance of Way department was given a room in station for their motor car and
equipment.
Under Section 28, 1 (d), extracts of the Labor Law of
New York State calls for and I quote, 'The Sanitation and
adequate shelter as affecting the welfare and health of all
persons employed by any railroad, pullman or express company', end of quote. The fumes of this motor car which
filter in the office and waiting room are jeopardizing the
health of Agent-Operator McCann.
Also under The Industrial Code,
State of New York
Department of Labor, Board of Standards and Appeals,
under Rule 42-6.1, Maintenance of Way Facilities, Rule
[298]
8631-2
299
42-6.2, Section Houses, Rule 42-6.2.1, Where Required, and
I quote, 'Where regularly assigned Maintenance of Way
employees are not accommodated by camp facilities, section
houses or other shelter which comply with the requirements
of this section shall be provided and maintained at points
where such employees report for or are relieved from duty,'
end of quote.
Under Section 28, 1 (d), Extract of The Labor Law of
New York State and which I have established is injurious
to the health and welfare of Agent-Operator McCann of
Whitney Point, N. Y_ I wish that you would please take
immediate action to correct this condition.
I have been advised that the shanty which the Maintenance of Way formerly occupied, still remains where it has
always been and in order to comply with Rule 42, Sanitation
and Shelter for Railroad, Pullman and Express Company
Employees, I request their motor car and equipment be
moved back to their former occupancy.
Trusting you will correct this condition, I am
Yours truly,
/s/ F. T. Simrell"
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the carrier and the employe 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;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon was waived by the parties and under date of December 5, 1958, the parties jointly addressed a formal communication to the
Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 18th day of December, 1958.