NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, 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:
1. Carrier violated the Agreement between the parties when it permitted or required employees not covered by the Agreement to
perform block operator work of obtaining or clearing the block
at Medfield Junction, Massachusetts on February 3, 4, 7, 8, 9, 10,
11, 14, 15, 16, 17, 18, 21, 23, 24, 25, 28, March 1, 2, 3, 4, 7
8, 9, 10, 11, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 28, 29, 30, 31,
April 1, 4, 5, 6, 7 and 8, 1966 and on subsequent dates.
2. Carrier shall compensate the senior idle employee, extra in preference in the amount of a day's pay (8) hours at $2.8788 per
hour, on each date the violation occurred, starting February 1,
1966.
J. R. Ridge was the senior idle extra employee on February 1. In
the event no extra employees were available, claim is for regularly
assigned employees idle on rest days as follows:
Mondays: T. A. Jones, A. S. Ville, N. R. Lewis
Tuesdays: T. A. Jones
Wednesdays: J. D. McDonald, J. F. Bailey, D. J. Giro
Thursdays: J. R. McDonald
Fridays: W. P. Connolly, J. Pasquine, J. A. MacDonald
(Above employees named in seniority order each day)
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.
These claims were 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.
Mondays-T. A. Jones, A. S. Villa, N. R. Lewis, H. F. Hickson
Tuesdays-T. A. Jones
Wednesdays-T. D. MacDonald, J. F. Bailey, D. J. Giro
Thursdays-J. F. McDonald
Fridays-W. P. Connolly, J. Pasquine, J. A. MacDonald
The claim arises at Medfield Junction a former interlocking station located at the junction of the Mansfield-Lowell Branch Line and the West
Street-Woodside Branch. This agency was abolished in 1958 and there is
presently no employes under the scope of the Transportation-Communication
Employees Union employed at this point.
The claim involves an alleged violation of the applicable schedule on the
dates specified and continuing thereafter when conductors of freight trains
and motor hand cars either cleared or obtained the block at Medfield Junction
from the operator, who is represented by the Transportation Communication
Employees Union, in control thereof either at Clicquot or West Street on the
Woodside Branch or Framingham on the Mansfield-Lowell Branch.
The instant claim was progressed through the prescribed channels on the
property up to and including the undersigned.
Attached in exhibit form is copy of pertinent correspondence.
"A"-General Chairman's appeal.
"B"-Carrier's decision.
Copy of the Agreement between the parties dated September 1, 1949, as
amended, is on file with your Board and is, by reference, made a part of
this submission.
(Exhibits not reproduced)
OPINION OF BOARD:
The claim alleges a violation of the agreement
on the grounds that employes not covered thereby were permitted or required
to perform block operator work of obtaining or clearing the block at Medfield
Junction, Mass., on the dates specified.
The record shows that no position covered by the applicable agreement
has been in existence at Medfield Junction since January, 1958, or some eight
years prior to the dates involved in the claims. We agree with the Carrier
that since the abolishment of the last position covered by the Agreement in
January, 1958, Medfield Junction has been in the category of an outlying
point at which no telegrapher is located. In these circumstances we find
that Awards 7, 10 and 18 of Special Board of Adjustment No. 306, involving
the same parties, are controlling. The claim will accordingly 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;
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That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
' NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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