NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




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:












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.








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.




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 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.



Claim denied.







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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