NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19491

THIRD DIVISION Docket Number TE-17460

Arthur W. Devine, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
( (Formerly Transportation-Communication Employees Union
PARTIES TO DISPUTE:
(The New York, New Haven and Hartford Railroad Company

STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
munication Employees Union on The New York, New Haven &
Hartford Railroad, that:

CLAIM N0. 1

(a) Carrier violated the Agreement between the parties when on September 6, 7, 9, 12, 13, 14, 16, 20, 23, 26, 27 and 28, 1966, it required or permitted employees not covered by the Agreement (Conductors of Train NX18) to perform block oper called to do the work.

(b) Carrier shall pay Mr. J. T. Carrah, Ticket-Agent-Operator at Plainville, Connecticut, a call, two hours at time and one-half for each violation. Twelve (12) call

Railroad Docket 10568 - BU 12412-29

CLAIM N0. 2

(a) Carrier violated the Agreement between the parties when on August 8, 9, 11, 12, 16, 18 and 19, 1966 it required or permitted employees not covered by the Agreement (Conductors of Train NX-18) to perform block operator work of clearing a telegrapher was employed and available to be called to do the work.

(b) Carrier shall pay Mr. J. T. Carrah, Ticket-Agent-Operator at Plainville, Connecticut, a call, two hours ._t time and one-half for each violation. Nine (9) calls.

Railroad Docket 10569 - BU 12411-29

i

Award Number 19491 Page 2

Docket Number TE-17460

CLAIM NO. 3

(a) Carrier violated the Agreement between the parties when on August 22, 24, 25, 26, 29, 30 and September 1, 1966, it required or permitted employees not covered by the Agreement (Conductors of train NX-18) to perform block operator work of clearing the block at Plainville, Connecticut, a station where a telegrapher was employed and available to be called to do the work.

(b) Carrier shall pay Mr. J. T. Carrah, Ticket-Agent-Operator at Plainville, Connecticut, a call, two hours at time and one-half for each violation. Seven (7) calls.

Railroad Docket 10574 - BU 12504-29

CLAIM N0. 4

(a) Carrier violated the Agreement between the parties when on August 1, 2, 3 and 5, 1966 it required or permitted employees not covered by the Agreement (Conductors of train NX-18) to perform block operator work of clearing the block at Plainville, Connecticut, a station where a telegrapher was employed and not
(b) Carrier shall pay Mr. J. T. Carrah, Ticket-Agent-Operator at Plainville, Connecticut, a call for each violation. Four (4) calls.

Railroad Docket 10575 - BU 12505-29

OPINION OF BOARD: The issues involved herein, with the same parties, has
been before this Board a number of times, a number of
the prior awards involving the same location as involved herein, Plainville,
Connecticut. See Awards 17501, 17503, 17504 and 17505, in which some of the
claims involved Plainville. For the reasons given in those awards, which we
do not find to be palpably erroneous, involving the same location, the claim
herein will be sustained. See also Awards 13696 and 6800 involving the same
parties.

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;

Award Number 19491 Page 3

Docket Number TE-17460

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was violated

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: /~
Executive Secretary

Dated at Chicago, Illinois, this 17th day of November 1972.