NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
TRANSPORTATION-COMMUNICATION EMPLOYEES
UNION
THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employesss Union on The New York, New Haven & Hartford Railroad, that:
An Agreement between The New York, New Haven & 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 timely presented, progressed in accordance with the provisions of the Agreement, including conference with the highest Officer designated by the Carrier to receive appeals and has been declined. The Employees, therefore, appeal to your Honorable Board for adjudication.
This claim arose at Webster, Massachusetts, point where an AgentOperator is regularly employed and who, during his working hours, blocks trains. On the five dates in issue, after the assigned hours of this Employee, members of the train crews listed, by the use of the Carrier's telephone, cleared the block when their trains were clear of the main track. That is, had taken siding. Then when ready to depart members of the train crews, conductors used the telephone to communicate with the block operator in charge of the block which had been extended. This work was performed between 8:15 P.M. and 9:35 P.M.
Employees not covered by the Telegraphers' Agreement being re
quired to perform the work of a block operator at a station
CARRIER'S STATEMENT OF FACTS: The claimant, Agent-Operator H. G. Andrews held regular assignment at Webster, Massachusetts, with hours of 8:00 A.M. to 5:00 P.M., Monday through Friday.
The instant claim is predicated upon an alleged violation of the Telegraphers' Agreement when conductors of freight trains cleared the block to the operator in control thereof during other than the assigned hours of the claimant's position.
On the dates of claim and at times when an employe represented by the Transportation-Communication Employees Union was neither regularly nor customarily assigned to work at Webster, Massachusetts, conductors of freight trains contacted the operator in control of the block, an employee represented by the Transportation-Communication Employees Union, and reported themselves clear of the block.
Claim was initiated on behalf of the claimant covering the dates specified in the Statement of Claim. 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 Petitioner alleges a violation of the Agreement because on the five specified dates, after the assigned hours of the Claimant, members of train crews, by the use of the telephone, cleared the block when their trains were clear of the main track. The work complained of was performed between 8:16 P.M. and 9:35 P.M.
The Petitioner contends that for many years telegraphers assigned to perform block operator work were employed at Webster twenty-four hours per day. It contends that the Operating Time Table dated April 28, 1946, showed blocking service at Webster 7:00 A.M. to 4:00 A.M. on weekdays and 12:00 Noon to 4:00 A.M. on Sundays. The Carrier does not refute this contention.
Based on Award 136.96 involving the same parties, the claim will be sustained.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: