NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
David H. Brown, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
THE NEW YORK, NEW HAVEN AND HARTFORD RAIL
ROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the New York, New
Haven and Hartford Railroad, that:
(a) Carrier violated the Agreement between the parties when on
February 18, 1966, it required or permitted an employee not
covered by the Agreement (Conductor of Tamper B-27), to
copy a message permitting this machine to occupy the main
track and to obtain the block at Seymour, Connecticut.
(b) As a result of this violation, Carrier shall pay Mr. G. W.
Wheeler, the regularly assigned agent-operator at Seymour,
hours 9:00 A.M. to 6:00 P.M., a call, two hours at one and onehalf times the rate of his position.
EMPLOYES' STATEMENT OF FACTS: An Agreement between the
New York, New Haven and Hartford Railroad Company and this Union,
dated September 1, 1949, as amended and supplemented, is available to your
Board and by this reference is made a part hereof.
This claim was presented and progressed in accordance with the time
limits provided by the Agreement, up to and including appeal and conference
with the highest officer designated by the Carrier to receive appeals. Having
failed to reach a settlement, the Employees now appeal to your Honorable
Board for adjudication.
The correspondence exchanged between the parties on the property has
been reproduced and is attached to this submission as TCU Exhibits 1
through 9.
That portion of the Carrier involved in these claims is operated by time
table, train orders and manual block system. Tampers are heavy flange
wheeled self propelled vehicles and are operated in the same manner as a
motor hand car as defined in Carrier's Book of Rules as follows. These
heavy vehicles can be removed from the train only if special facilities are
provided, hence a conductor in charge. -
"MOTOR HAND CAR OPERATION.
DEFINITION.
Motor Hand Car.-A motor driven railway work or inspection car,
numbered for identification, with or without trailer cars.
OPINION OF BOARD:
The instant claim is good under our decisions
on this property represented by our Awards 6431, 8135 and 14301.
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
That the Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Sehulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1969
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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