C SPECIAL BOARD OF ADJUSTMENT N0. 122
0
P THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY Award No. 51
Y THE LAIC; ERIE AND EASTERN RAILROAD COMPANY Case No. 37
vs
BROTHERHOOD OF RAIWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM
:
Claims filed by telephone operators F. H. Rogan for March, 1928, and subsequent
dates, May 8, 1953 and subsequent dates; 9. M. Rogan for March, 1928 and subsequent dates, May 8, 1953 and subsequent dates; M. L. Tucker for March 19, 1949
and subsequent dates, May 8, 1953 and subsequent dates for additional compensation
account being required to perform duties transferred from the New York Central
telephone switchboard at Youngstown, Ohio. (CL-247)
FINDINGS
: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the employee or employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21, 1934.
The Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due notice of hearing thereon.
The Organization's response on March 10, 1955, to Carriers letter of
January 17, 1955, requesting clarification of the basis of claim, was in and of
itself an acknowledgment of the inadequacy of its original submission. The delay
in replying thereto served to toll the running of the sixty-day period granted
the Carriers in Rule 43 to advise the Organization of the disallowance thereof.
To put it mildly, the proposition that claimants can sit back for more
than 26 years and then suddenly seek retroactive reimbursement for routine tasks
in which they had always freely acquiesced, without any semblance of protest or
complaint, is too far fetched. See Award 4428, National Railroad Adjustment
Board, Third Division.
It follows that the performance here made subject of dispute was vaholly
within the range of claimants? duties. Accordingly, the Clerks? Agreement was not
violated.
Claims denied.
SPECIAL BOARD OF ADJUSTMENT NO. 122
/s/ Harold M. Gilden
Harold N. Gilden, Neutral and Only Member Thereof
Pittsburgh, Pennsylvania
June 3, 1958