NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the New York, New Haven & Hartford Railroad, that:
An Agreement between the parties effective 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 provision 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 when Carrier on July 19, 1968, required the conductor of train Extra 1206 South to clear the block at Westfield, Massachusetts, a station where a telegrapher (block operator) is employed, during hours when he was off duty.
Employees not covered by the Telegraphers' Agreement (conductor) clearing the black at Westfield, Mass.
Claimant is regularly employed as a block operator (telegrapher) at Westfield, Massachusetts. His assigned hours are 9:45 A.M. to 6:45 P.M., with
NOS 6800-13693-14301
(f) Authorities Relied On
AWARDS OF THE THIRD DIVISION, NATIONAL RAILROAD AD
JUSTMENT BOARD:
CARRIER'S STATEMENT OF FACTS: On July 19, 1967, the claimant in this dispute, Mr. G. E. Ford, was assigned the position of operator at Westfield, Massachusetts, with hours of 9:45 A.M. to 6:45 P.M. On the date of claim the conductor of a freight extra arriving at Westfield after the assigned hours of the claimant reported clear to the operator in control thereof, when an employe represented by the Transportation-Communication Employees Union was neither regularly nor customarily assigned to work at the location involved.
Claim was initiated on behalf of Mr. Ford and progressed through the prescribed channels on the property up to and including the undersigned.
Copy of 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 issues, the essential facts, and the location involved herein are the same as were involved in Award 16303. We have reviewed that Award and do not find it to be in palpable error. It is controlling herein and the claim will 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, 1984;