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 and Hartford
Railroad that:
1. The carrier violated the terms of the Agreement between
the parties when on January 12, 7.955, it
(a) Declared abolished the two positions of signal station operator at Framingham Center, Mass.
(b) Declared abolished the two positions of operatorclerk at Framingham, Mass.
(c) Caused to be displaced the regularly assigned
occupants of the operator-clerk positions at Framingham
and the regularly assigned occupants of the signal station
operator positions at Framingham Center, from their duly
assigned assignments;
(d) Improperly joined the two positions of signal
station operator at Framingham Center with that of the
two operator-cleric positions at Framingham Yard and
joined these four positions into two positions reclassified as
signal station operator, operator-clerk located at Framingham.
(e) Required the occupants of the improperly reclassified and improperly established positions of signal station operator, operator-clerk positions at Framingham to
daily commute between Framingham and Framingham Center for the purpose of performing dual service at both locations, part time at Framingham and part time at Framingham Center.
2. The positions of signal station operator at Framingham Center and the positions of operator-clerk at Framingham
Yard be restored to their original status and P. Amalifitano extra,
11771
8918-2
178
hold-down signal station operator at Framingham Center, Mass.,
who was improperly removed from his assignment shall be returned
thereto and be compensated in full for all monetary loss suffered as
a result of Carrier's action and also be compensated in accordance
with the provisions of Article 29 of the Telegraphers' Agreement
fox each day he was required to work off of his Regular assignment,
continuing until restored to their regular assigned positions.
3. The positions of operator-clerk at Framingham Yard shall be
restored to their original status and Messrs. E. E. Bowles, T. J.
Dominick, regularly assigned occupants and W. H. Walker, Jr.,
regularly assigned rest day relief operator-clerk at Framingham
Yard, Mass., who were improperly removed from their assignments shall be restored thereto and compensated for all monetary
losses sustained resulting from Carrier's action, and also be compensated in accordance with the provisions of Article 29 of the
Telegraphers' Agreement, for each day they are required to work
off of their regular assignment continuing until restored to their
regular assigned positions.
4. Messrs. S. P. Devine, J. D. MacDonald, K. M. Miller and
R. J. Niblack, who were improperly displaced as a result of the
declared abolishment of the positions named in this claim, and all
others resultantly displaced shall be reimbursed the difference between their earnings on other positions named in this claim, and all
others resultantly displaced shall be reimbursed the difference between their earnings on other positions and that which they would
have earned on the positions that they were required to vacate, together with the compensation due under Article 29 of the Agreement.
5. For each working day, and for work denied at Framingham Center on the first and second shift, commencing January 13,
1955, until said positions are restored to their original status, the
senior extra, or unassigned employes shall be compensated an
amount equivalent to one day's pay for 8 hours on a day to day basis
for work improperly withheld.
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 hearing thereon has been held and concluded. Under date of
July 14, 1959, 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
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 5th day of August, 1959.