NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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 agreement between the parties
beginning November 7, 1949, when it discontinued the first trick
Signal Station Operator's position at Old Saybrook, Connecticut,
Signal Station and thereafter required the Agent from the freight
and passenger agency station to perform the work of the first
trick Signal Station Operator, Monday through Friday of each
week, at the signal station, in addition to the work of his own position, and that
2. The Carrier shall be required to compensate the senior
idle extra employe (as of each date) a day's pay for each day the
freight and passenger agent was required to work the Signal
Station Operator's position.
3. The Carrier further violated the agreement between the
parties when it assigned a regularly assigned relief employe to the
first shift Signal Station Operator's position at Old Saybrook
on each Saturday and Sunday subsequent to November 7, 1949,
in lieu of assigning the work on these dates to an extra employe;
and that
4. The Carrier shall now be required to compensate the senior
idle extra employe (as of each date) a day's pay for each Saturday
and Sunday a regularly assigned relief employe was permitted or
required to assume the work on these days.
5. The Carrier violated the agreement between the parties
beginning May 2, 1949, when it required the Operator-Clerk at the
Freight and Passenger station at Old Saybrook to perform the
work of the first trick Signal Station Operator in addition to the
work of his own position; and that
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6. The Carrier shall be required to compensate the senior
idle extra employe (as of each date) a day's pay for each day the
the operator-clerk was so required to work as Signal Station
Operator at this point.
7. The Carrier violated the agreement between the parties
commencing October 3, 1954, when it discontinued the Old Saybrook
Signal Station Operator's position (2:15 P. M.-10:15 P. M.) and
required the Operator-Clerk at the Freight and Passenger Station to
perform work of the Signal Station Operator at the signal station
in addition to the work of his own position at the Freight and
Passenger Station; and that
8. The Carrier further vioated the agreement between the
parties when on September 28, 1954, it issutd notice instructing that
`Effective Sunday, October 3rd, the following changes
will become effective at Old Saybrook.
The temporary position of Sign. Sta. Opr. on the first
trick and the permanent position of Sig. Sta. Opr. on
the second trick will be permanently discontinued, and the
hours of the 3rd trick Sig. Sta. Opr. will be changed
to 10:15 P. M. to 6:15 A. M. with relief days Wednesday
and Thursday.
The position of Agent Opr. is reclassified as Agent-S.
S. Operator with hours 6:15 A. M. to 2:15 P. AT. and he
will be required to handle the interlocking at Old Saybrook Tower as may be necessary. Relief days Sat.
and Sun. as at present.
The hours of the Operator Clerk will be reclassified as
Sig. Sta. Opr. Clerk with hours of 2:15 P. M. to 10:15
P. M. and he also will handle the interlocking at Old
Saybrook Tower as required. Relief days will be Monday
and Tuesday.'
and required the incumbents of the Agent Operator's position and
Clerk Operator's position at the Freight and Passenger station to
work the two Signal Station operators' positions at Old Saybrook
Tower in addition to their own positions; and in addition removed
the incumbents of the first and second tricks at the Tower by
arbitrarily assigning their positions to the Agent Operator and the
Operator Clerk; that
9. The Carrier shall be required to restore the second shift
position at Old Saybook Station, and the incumbent of the position
who was so removed shall be compensated the equivalent of one day's
pay (8 hours) for each and every day that such position was not
filled-less pay received on other positions after October 3, 1954;
that
10. The employe improperly displaced by the former incumbent of the position of operator, Old Saybrook Signal Station,
and all employes subsequently displaced as a result of the declared
abolishment, shall be compensated the difference between actual
earnings and that which
they would have earned if they had
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remained on the positions from which displaced improperly, together
with compensation to which entitled under the terms of Article
29 of the Agreement; and that
11. For each and every day, commencing October 3, 1954,
that the position of operator, Old Saybrook Signal Station is unfilled, the senior available extra employe (as of each date) shall
be compensated the equivalent of one day's pay, 8 hours, at the
prevailing rate of the position.
12. The Carrier violated the agreement between the parties
when on April 2, 1949, it issued notice instructing that:
'Effective 3:00 P. M. Saturday, April 9, 1949, the
first trick S. S. Operator's position at Branford and Davisville are abolished.
Agents Faford and Bump will be required to operate
the S. S. at their respective station when required by the
train dispatcher.
Relief position held by Mr. Ahern is abolished and
the remaining portion of relief position will be covered
from the spare board.
Relief position held by Mr. Hopkins will be changed
to work as follows commencing Saturday, April 9, 1949:
Saturday Kingston 7:00 A. M. to 3:00 P. M.
Sunday Davisville 7:00 A. M. to 3:00 P. M.
Monday Kingston 3:00 P. M. to 11:00 P. M.
Tuesday Davisville 3:00 P. M. to 11:00 P. M.
Wednesday Davisville 11:00 P. M. to 7:00 A. M.
Thursday Kingston 11:00 P. M. to 7:00 A. M.
Messrs. Snyder, Ahern and Capwell may make displacement in accordance with the Telegraphers' Agreement.
H. F. Donnelly
Superintendent'
and removed the incumbents of the respective Signal Stations
and required the Freight and Passenger Agents to work the Signal
Station Operators' positions in addition to working their own positions as freight and passenger agents; therefore
13. The Carrier shall be required to restore the first trick
Signal Station Operators' positions at Davisville, R. 1. and Branford,
Conn. to their former status as that prior to April 9, 1949.
14. The Carrier further violated the agreement between the
parties beginning April 9, 1949, when upon assigning these two
agents to work the Signal Station Operators' positions, it failed to
assign them to shifts of eight consecutive hours as required by the
Agreement, i. e., at offices where two or more employes covered
by the Telegraphers' Agreement are employed, each of such employes will work on an eight consecutive hour basis, and required
them to work shifts extending over a nine-hour period; for which
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15. The Carrier shall be required to compensate each of
these employes one hour's pay at overtime rate for each day so
worked, between April 9 and June 8, 1949.
16. The Carrier violated the agreement between the parties
when, on May 11, 1951, it improperly advertised a position of
Signal Station Operator at Davisville, R. I., as Operator-Clerk and
thereafter required the Signal Operator to suspend work on the
position of Signal Station Operator to perform service in the freight
station at Davisville; therefore
17. The Carrier shall now be required to properly advertise
the position as Signal Station Operator pursuant to Article 15 of
said agreement.
18. The Carrier violated the agreement between the parties
when, effective November 7, 1949, the position of first trick Signal
Station Operator at Guilford, Connecticut Signal Station Tower,
was discontinued and the work of the position (and the position)
was arbitrarily assigned to the freight and passenger station agent
who was required to perform the work of both positions at both
locations; therefore
19. The Carrier shall be required to compensate the senior
qualified (idle) extra employe (as of each date) a day's pay for
each and every day the freight and passenger agent was required to
work the Signal Station Operator's position on and after November
7, 1949; and further that
20. The Carrier shall be required to reestablish the first trick
Signal Station Operator at Guilford, as such, and advertise same
for bid as a permanent position.
FINDINGS:
The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parts 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.