NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Don Hamilton, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
NEW YORK CENTRAL RAILROAD
(Eastern District, Boston & Albany Division)
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Boston & Albany Railroad, that:
CLAIM NO. 1
1. The Carrier violated the parties' Agreement when it failed
or refused to compensate H. Soltysiak, second shift leverman telegrapher-clerk, East Somerville L. & F. Junction, at the time and onehalf rate for services performed on Tuesday, March 10 and Wednesday,
March 11, 1959, rest days of the position occupied.
2. The Carrier shall, because of the violation set forth above,
compensate H. Soltysiak for the difference between the straight time
rate paid and the time and one-half rate due for work performed on
his assigned rest days.
CLAIM NO. 2
1. The Carrier violated the parties' Agreement when it failed
to call the senior idle spare man to perform the services required
on the second shift leverman telegrapher-clerk's position at East
Somerville L. & F. Junction on Tuesday, March 10 and Wednesday,
March 11, 1959, and instead used the regular occupant of the position.
2. The Carrier shall, because of the violation set out above, compensate senior idle spare man D. T. Knox, who was available and
willing to perform the work, and who was at home as required by
Rule 725 of the Operating Department Book of Rules, two days' pay
at the pro rata rate of the second shift leverman telegrapher-clerk's
position at East Somerville L. & F. Junction.
EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement by and between the parties to this dispute, effective August 1, 1948.
and as amended.
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When Claimant Knox acknowledged Mr. Woodbury's message, he reported
off duty as follows:
"Boston, Mass., 10-12 Noon
LBW Spfld.
Reporting off sick today one day only.
D. T. Knox"
The claim of the Organization on behalf of spare towerman Knox as being
available and ready for work on March 10, 1959 definitely lacks merit inasmuch as Carrier's records indicate that claimant had "marked off" for this
date. For this reason Carrier respectfully requests your Board to discount the
claim of March 10 on behalf of Spareman D. T. Knox.
CONCLUSION
Carrier
has shown:
1. There has been no agreement rule violation;
2. Awards of Third Division support the Carrier;
3. Claimant Knox was not available for service on March 10, 1959.
The Carrier has also shown the Claimant did not work in excess of five
days or 40 straight time hours in any work week; neither did the claimant
work on the sixth and seventh day of any work week.
It is the position of the Carrier that there is no agreement requirement
or authority for the payment of this claim, and Carrier respectfully requests
this claim be declined in its entirety.
OPINION OF BOARD: Claim number one in this dispute involves rest
day compensation. This point has been ruled on numerous times by this Board.
The overwhelming weight of authority favors such a claim. We are of the
opinion that the facts in this claim come within the confines of the many
precedent cases on the subject and therefore claim number one should be
sustained.
Claim number two does not appear to be proper. It is our opinion that
the spare man is not entitled to work unless there is a vacancy. We find
no such vacancy in this case. We are therefore persuaded that claim number
two is without merit and should be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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; and
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That the Agreement was violated.
AWARD
Claim number one is sustained.
Claim number two is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October, 1964.