NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-20025
Irving T. Bergman, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes (formerly Transportation( Communication Employes Union)
PARTIES TO DISPUTE:
(The Colorado and Southern Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Tranaporta
tion-Communication Division, BRAC, on the Colorado
6 Southern Railway Company, T-C 5865, that:
1. Carrier violated the Telegraphers' Agreement July 2,
1971 at Cheyenne, Wyoming when it failed to notify Telegrapher W. M.
Garcia he was being relieved of his assignment. Mr. Garcia reported
for work as previously instructed and was not used.
2. Carrier shall now compensate Telegrapher W. M. Garcia
8 hours, at straight time rate, as previously claimed.
OPINION OF BOARD: Telegrapher Garcia was temporarily filling a third
trick vacancy, hours 12 midnight to 8:00 A.M. The
position was bulletined and awarded on June 29, to an employe who was
senior to Garcia. On July 2, Garcia left at 8:00 A.M. as usual, to
return at midnight as scheduled. A message was received at the work
location at 12:16 P.M. advising that Garcia was relieved on the third
trick by the senior employe and that Garcia was scheduled to work the
next morning July 3, at 8:00 A.M. Carrier's was unable to reach Garcia
to notify him of the change so that he arrived at midnight to report
for work.
Rule 4(a) provided, so far as it relates to this situation,
that: "--, and extra employes filling temporarily a regular assignment, will receive one day's pay w
--, if ready for service and not used,--."
The facts establish that Garcia was ready for work at 12
midnight but was not used. He next worked at 8:00 A.M. on July 3,
twenty-four hours after his last time worked. The Carrier had time
to notify Garcia between June 29, when the position was awarded to a
different employe, and July 2, at 8:00 A.M. when Garcia left work.
There is no explanation for the delay. Garcia was entitled to know
when he left work that his reporting time had been changed.
. L: - ';d
Award Number 20149 Page 2
Docket Number TE-20025
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
The Carrier violated the Agreement.
A W A R D
Claim sustained.
NATIONAL RAILROAD AD.nrsTMFWR
RnaRn
By Order of Third Division
ATTEST:
Executive Secretary
· Dated at Chicago, Illinois, this 28th day of February 1974.