NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ERIE-LACKAWANNA RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General
Committee of
The
Order of Railroad
Telegraphers on
the Delaware, Lackawanna and Western
Railroad that:
1. (A) Carrier violated and continues to violate the Telegraphers'
Agreement when
it removed the work being performed by the
Agent-Operator at
Waverly, N. Y. and transferred to Erie employes
outside the scope of the
agreement, on
the Erie Railroad as covered
by Article 1, 12(a) 16 and 24 beginning on
September 1,
1959, causing
the incumbent H. A. Stickney to
retire.
(B) Because of this transfer of work at Waverly, N. Y. on
September 1, 1959 in violation of Article 1, 12(a), 16(c-1) thru (c-6)
the Carrier shall pay a day's pay at the applicable rate of the AgentOperator position at Waverly, N. Y., to the senior idle
Telegrapher
(Extra man
preferred) on
each subsequent working day until said
work is
returned to
the Scope of Div. 30's Agreement with DL&W
and advertised pursuant to the provisions of Article 16(c-1) joint
check of records to be made to determine the dates and amounts
payable.
2. (A) Carrier violated and continues to violate Article 1, 12(a)
and 24 of the Telegraphers'
Agreement when
it removed the work
being performed by the
Agent-Operator at
Owego, N. Y. and trans
ferred it
to Erie employes outside the Scope of the Agreement starting on
September 1,
1959.
(B)
Because of
the transfer of work at Owego, N. Y. on Sep
tember 1,
1959, in violations of Article 1, 12(a) and 24 the Carrier
shall pay a days pay at the appropriate rate of the
Agent-operator
position at Owego, N. Y. to senior idle
telegrapher (extra
man
pre
ferred) on each subsequent working day (a seven day position) until
said work is returned to the scope of Div. 30's
Agreement with
DL&W, and advertised pursuant to Article 16(c-1), and all adversely
affected employes be made whole, and the provisions of Article 15 be
allowed during such period, with joint check of records to me made to
determine the dates and amounts payable.
[861]
10773-2
862
3, (A) Carrier violated and continues to violate Article 1, 12(a)
and 24 of the Telegraphers' Agreement when it removed the work
being performed by the Agent-Operator at Vestal, N. Y. and transferred it to Erie employes, outside of the scope of the agreement
starting on September 1, 1959.
(B) Because of this transfer of work at Vestal, N. Y. on September 1, 1959 in violation of the agreement as identified in (A), the
Carrier shall pay a day's pay at applicable rate of the AgentOperator position, plus average daily express commission, at Vestal,
to senior idle telegrapher (extra man preferred) on each subsequent
working day (a seven day position) until said work is returned to the
scope of Div. 30's Agreement with DL&W and advertised in accordance with Article 16(c-1), and all adversely affected employes be
made whole and the provisions of Article 15 be allowed during such
period of time to affected employes, with joint check of records to be
made to determine the dates and amounts payable.
4. (A) Carrier violated and continues to violate Article 1, 12(a)
and 24 of the Telegraphers' Agreement when it removed the work
being performed by the Agent-operator at Johnson City, N. Y., and
transferred it to Erie employes outside the scope of the Agreement,
starting on September 1, 1959, other than by agreement.
(B) Because of this transfer of work at Johnson City, N. Y. on
September 1, 1959 in violation of the above referred to articles, the
Carrier shall pay a day's pay at the applicable rate of the Agentoperator position at Johnson City, N. Y. to the senior idle Telegrapher (extra man preferred), on each subsequent working day (a five
day position) until said work is returned to the scope of Div. 30's
agreement with DL&W, and advertised pursuant to Article 16(c-1),
and all adversely affected employes (through displacements) be
made whole, and the provisions of Article 15 be allowed during such
period of time, with joint check of records be made to determine the
dates and amounts payable.
5. (A) Carrier violated and continues to violate Article 1, 12(a),
16(h-I) and 24 of the Telegraphers' Agreement when it removed the
work being performed by the Ticket Agent-Operator, and clerkoperator on 2nd and 3rd tricks at Elmira Ticket Office, and transferred it to Erie employes, on September 1, 1959, the Ticket AgentOperator position being removed from the scope of the agreement.
(B) Because of this transfer of work at Elmira Ticket Office
on September 1, 1959 in violation of Article 1, 12(a), 16(h-I) and 24,
the Carrier shall pay a day's pay at applicable rate of Ticket AgentOperator positions and Clerk-Operator positionis on 2nd and 3rd tricks
around the clock seven days a week, each 8 hour shift, to senior idle
telegraphers (extra men preferred) until said work is returned to the
scope of Div. 30's Agreement with DL&W and advertised pursuant to
Article 16(c-l), and all adversely affected employes be made whole,
and the provisions of Article 15 be allowed during such period of
time, with joint check of records to be made to determine the dates
and amount.
6. (A) Carrier violated and continues to violate Article 1,
16(h-I) and 24 of the Telegraphers' Agreement when it removed
10773-3
863
Elmira Tower and transferred the operations and work to Erie employes on September 1, 1959, without agreement.
(B) Because of this transfer of work at Elmira Tower on
September 1, 1959 in violation of the agreement as above indicated,
the Carrier will pay a day's pay at applicable rate of OperatorTowermen position (7 days a week), to senior idle telegrapher, extra
man preferred, until said work is returned to the Scope of Div. 30's
Agreement with DL&W, and advertised pursuant to Article 16(c-1)
of the Agreement, and all adversely affected employes (who were
removed by displacement) be made whole and the provisions of Article
l:i be allowed during such period of time, with joint
check of records
to be made to determine the dates and amounts payable.
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 was waived and under date of August 30, 1962, the complainant party addressed a formal communication to the Secretary of the
Third Division requesting withdrawal of this case, which request is hereby
granted.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 7th day of September 1962.