NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE NEW YORK CENTRAL RAILROAD, Eastern District
(Except Boston and Albany Division)
STATEMENT OF CLAIM: Claim of the General Committee of the Order
of Railroad Telegraphers on the New York Central Railroad (Eastern District), that:
CASE NO. 1
1. Carrier violated the terms of the Agreement between the parties
when, effective January 7, 1959, it declared abolished, the position of agent at Rosendale, New York, without, in fact, abolishing
the work of said position.
2. That Carrier be required to reestablish the position of agent at
Rosendale, New York and restore 1. K. Kunst to the said position
of agent.
3. That for each day the violation continues Carrier shall be required
to pay 1. K. Kunst for eight hours at the Rosendale rate less any
amount earned on any lower rated position he may be required to
work or to
which he may exercise seniority, plus time and one-half
rate for all time worked outside the regularly assigned working
hours at Rosendale, New York, in effect prior to January 8, 1959,
plus the straight time rate for travel and waiting time from
Rosendale to positions worked and return to Rosendale, plus bus
fares, car mileage, and all other expenses actually incurred and
plus express commissions.
4. That commencing January 8, 1959, and for each day thereafter
that the violation continues, Carrier shall be required to pay the
senior idle extra employe (Appendix A) or if there be no extra
employe, the senior regular employe (Appendix R) on his rest day,
for eight hours at the rate applicable to the position of agent
at Rosendale, New York. (Note 1).
CASE NO. 2
1. Carrier violated the terms of the Agreement between the parties
when, effective January 7, 1959, it declared abolished the position
of agent at Wallkill, New York without, in fact, abolishing the
work of said position.
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2. That Carrier shall be required to reestablish the
position of agent
at Wallkill, New York and restore A. J. Keator to the said position
as agent and restore Mrs. F. H. Kent to the position of agent at
Phoenicia, New York.
3. That for each day the violation continues, Carrier shall be required
to pay A. J. Keator the difference between the Wallkill rate and
any lower rated position he may he may be required to work or
to which he may exercise seniority, plus time and one-half rate
for all time worked outside the regularly assigned working hours
at Wallkill in effect prior to January 7, 1959, plus the straight
time rate for travel and waiting time from Wallkill, New York
to Phoenicia, New York and return to Wallkill, New York, plus
bus fares, car mileage and all other expenses actually incurred,
plus express commissions.
4. That for each day the violation continues Carrier shall be required
to pay Mrs. F. H. Kent for eight hours at the Phoenicia rate less
any amount earned on any lower rated position, including posting,
she may be required to work or to which she may exercise seniority,
plus time and one-half rate for all time worked outside the regularly assigned hours at Phoenicia, New York in effect prior to
January 8, 1959, plus the straight time rate for travel and waiting
time from Phoenicia to positions worked (or posted) and return
to Phoenicia, plus bus fares, car mileage and other expenses
actually incurred, and plus express commissions.
5. That all other employes displaced as a result of the violation hereinbefore set out shall be compensated for all wages lost, travel
and waiting time, expenses incurred and express commissions lost
as provided in the Agreement.
6. That commencing January 8, 1959 and for each day thereafter
that the violation continues, Carrier shall be required to pay the
senior idle extra employe (Appendix A) or if there be no extra
employe, the senior regular employe (Appendix B) on his rest day
for eight hours at the rate applicable to the position of agent at
Wallkill, New York. (Note 1).
CASE NO. 3
1. Carrier violated the terms of the Agreement between the parties
when, effective January 7, 1959, it declared abolished
the position
of agent at Walden, New York without, in fact, abolishing the work
of said position.
2. That Carrier shall be required to reestablish the position of agent
at Walden, New York and restore Fred Mills to the said position
as agent, restore G. W. Trowbridge to the second shift telephonerleverman position at Int. GY, Newburgh, New York and restore
F. W. Hartel to the position of agent at Iona Island, New York.
3. That for each day the violation continues, Carrier shall be required
to pay Fred Mills the difference between the Walden rate and any
lower rated position he may be required to work, including posting, or to which he may exercise seniority, plus time and one-half
rate for all time worked outside the regularly assigned working
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hours at Walden, in effect prior to January 8, 1959, plus the
straight time rate for travel and waiting time between Walden,
plus bus fares, car mileage and all other expenses actually incurred,
and plus express commissions.
4. That for each day the violation continues, Carrier shall be required
to pay G. W. Trowbridge the difference between the hourly rate of
the second shift telephoner-leverman position at Int. CY, Newburgh, New York and any lower rated position he may be required
to work, including posting, or to which he may exercise seniority,
plus time and one-half rate for all time worked outside the regularly assigned working hours of the second shift telephoner-leverman position at Int. GY, Newburgh, in effect prior to January
8, 1959, plus the straight time rate for travel and waiting time
from Int. GY, Newburgh, New York and Iona Island, New York
and return to Int. GY, Newburgh, plus bus fares, car mileage and
all other expenses actually incurred.
5. That for each day the violation continues, Carrier shall be required
to pay F. W. Bartel the difference between the hourly rates of
pay of the agent's position at Iona Island, New York and the
agent's position at Stony Point-Tomkins Cove, New York to which
he made displacement, or any lower rated position he may be
required to work or to which he may exercise seniority, plus time
and one-half rate for all time worked outside the regularly assigned hours at Iona Island, New York in effect prior to January
8, 1959, plus the straight time rate for travel and waiting time
from Iona Island to Tomkins Cove and return to Iona Island, plus
bus fares, car mileage and all other expenses actually incurred,
and plus express commissions.
6. That all other employes displaced as a result of the violation hereinbefore set out, shall be compensated for all wages lost, travel
and waiting time, expenses incurred and express commissions lost
as provided in the Agreement.
7. That cemmencing January 8, 1959 and for each day thereafter
that the violation continues, Carrier shall be required to pay the
senior idle extra employe (Appendix A) or if there be no extra
employe, the senior regular employe (Appendix B) on his rest day,
for eight hours at rate applicable to the position of agent, Walden,
New York. (Note 1).
CASE NO. 4
1. Carrier violated the terms of the Agreement between the parties
when, effective January 7, 1959, it declared abolished the position
of agent at New Paltz, New York without, in fact, abolishing the
work of said position.
2. That Carrier be required to reestablish the position of agent
at New Palttz, New York and restore T. E. Hayes to the said
position of agent, restore 0. H. Beach to the first shift telephoner.
leverman position at Int. KY, Kingston, New York, restore A. W.
Wilbur to the position of relief block man on Relief Block No. 17,
restore T. S. Bundy to the third shift telephoner-leverman position
at Int. KY, Kingston, New York, restore G. A. Kent to the agent's
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position at Saugerties, New York, restore F. E. Siegrist, Jr. to the
position of agent at Tomkins Cove, New York and restore
A. Borghi to the position of agent at West Norwood, New Jersey.
3. That for each day the violation continues, Carrier shall
be required
to pay T. E. Hayes the difference between the New Paltz rate and
any lower rated position he may be required to work or to which
he may exercise seniority, plus time and one-half rate for all time
worked outside the regularly assigned working hours at New Paltz,
New York in effect prior to Januairy 8, 1959, plus the straight time
rate for travel and waiting time from New Paltz, to Int. KY,
Kingston and return to New Paltz, plus bus fares, car mileage, and
all other expenses actually incurred, and plus express commissions.
4. That for eaoh day the violation continues, Carrier shall be required
to pay O. H. Beach the difference between the rate of the first
shift telephones-leverman position at Int. KY, Kingston and the
rate of any lower rated position he may be required to work or to
which he may exercise seniority, plus time and one-half for all
time worked outside the regularly assigned working hours of the
first shift telephones-leverman position at Int. KY, Kingston in
effect prior to January 8, 1959, plus the straight time rate for
travel and waiting time from Int. KY, Kingston to any position
he may be required to work or to which he may exercise seniority
and retulrn to Int. KY, Kingston, plus bus fares, car mileage and all
other expenses actually incurred.
5. That for each day the violation continues, Carrier shall be required to pay A. W. Wilbur the difference between the rates of
the position in Relief Block No. 17 and the rates of any lower
rated positions to which he may be required to work or to which
he may exercise seniority, plus time and one-half rates for all time
worked outside the regularly assigned working hours of Relief
Block No. 17 in effect prior to January 8, 1959, plus the straight
time rate for travel and waiting time from Int. KY, Kingston, to
any position he may be required to work or to which he may
exercise seniority and return to Int. KY, Kingston, plus bus
fares, car mileage, and all other expenses actually incurred.
6. That for each day the violation continues, Carrier shall be required
to pay T. S. Bundy the difference between the rate of the third
shift telephones-leveruian position at Int. KY, Kingston and any
lower rated position he may be required to work or to which he
may exercise seniority, plus time and one-half rates for all times
worked outside the regularly assigned working hours of the third
shift telephones-leverman position at Int. KY, Kingston in effect
prior to January 8, 1959, plus the straight time rate for travel
and waiting time from Int. Ky, Kingston to Saugerties, New York
and return, plus bus fares, car mileage and all other expenses
actually incurred.
7. That for each day the violation continues, Carrier shall be required
to pay G. A. Kent the difference between the rate of the position
of agent at Saugerties, New York and the rate of the position of
agent at Tomkins Cove, New York, or any lower rated positions
he may be required to work or to which he may exercise seniority,
plus time and one-half rate for all time worked outside the regu-
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larly assigned working hours at Saugerties, New York in effect
prior to January 8, 1959, plus the straight time rate for travel and
waiting time from Saugerties, New York to Tomkins Cove, New
York and return to Saugerties, New York, plus bus fares, car mileage and all other expenses actually incurred.
8. That for each day the violation continues, Carrier shall be required to pay F. E. Siegrist, Jr. the difference between the rate
of the position of agent at Tomkins Cove,
New York and the rate
of the position of agent at West Norwood, New Jersey or any
lower rated positions he may be required to work or to which he
may exercise seniority, plus time and one-half rate for all time
worked outside the regularly assigned working hours at Tomkins
Cove, New York in effect prior to January 8, 1959, plus the straight
time rate for travel and waiting time from Tomkins Cove, New
York to West Norwood, New Jersey and return to Tomkins Cove,
New York, plus bus fares, car mileage and all other expenses
actually incurred and plus express commissions.
9. That for each day the violation continues, Carrier shall be required
to pay A. Borghi the difference between the rate of pay of the
position of agent at West Norwood, New Jersey and any lower
rated position he may be required to work or to which he may
exercise seniority, plus time and one-half rate for all time worked
outside the regularly assigned working hours at West Norwood,
New Jersey in effect prior to January 8, 1959 plus bus fares, car
mileage and all other expenses actually incurred plus express commissions.
10. That all other employes displaced as a result of the violation hereinbefore set out, shall be compensated for all wages lost, travel
and waiting time, expenses incurred and express commissions lost
as provided in the Agreement.
11. That commencing January 8, 1959, and each day thereafter that
the violation continues, Carrier shall be required to pay the seniolr
idle extra employe (Appendix A) or if there be no extra employe,
the senior regular employe (Appendix B) on his rest day, for
eight hours at the rate applicable to the position of agent, New
Paltz, New York. (Note 1).
CASE NO. 5
1. Carrier violated the terms of the Agreement between the parties
when, effective January 7, 1959, it declared abolished the position
of agent at Gardiner, New York without, in fact, abolishing work
of said position.
2. That Carrier be required to reestablish the position of agent at
Gardiner, New York and restore M. J. Wells to the said position
of agent.
3. That for each day the violation continues Carrier shall be required
to pay M. J. Wells for eight hours at the Gardiner rate less any
amount earned on any lower rated position he may be required to
work or to which he may exercise seniority, plus time and onehalf rate for all time worked outside the regularly assigned work-
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ing hours at Gardiner, New York, in effect prior to January 8,
1959, plus the straight time rate for travel and waiting time from
Gardiner to positions worked and return to Gardiner, plus bus
fares, car mileage, and all other expenses actually incurred, and
plus express commissions.
4. That commencing January 8, 1959 and for each day
thereafter that
the violation continues, Carrier shall be required to pay the senior
idle extra employe (Appendix A) or if there be no extra employe,
the senior regular employe (Appendix B) on his rest day for eight
hours at the rate applicable to the position of agent at Gardiner,
New York, (Note 1).
NOTE 1 - The specific name of the employe entitled to be paid
each day the violation continues shall be determined by a joint check
of Carrier's records from the names in Appendix A and Appendix B
or as these lists may be amended from time to time.
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 August
22, 1961, 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: S. 13. Schulty
Executive Secretary
Dated at Chicago, Illinois. this 27th day of October, 1961.