SPECIAL BOARD OF ADJUSTMENT N0. 186
Organization's File Carrier's File
R-962 TE-18-56
STATEM2ZT OF CLAIM:
"Claim of the General Committee of The Order of Railroad
Telegraphers on The Denver and Rio Grande Western Railroad
that:
"(1) Carrier violated the agreement between the parties
when it did not fill (blanked) the position of Telegrapher
9:00 A.M. to 5:00 P.M. at 'U N" Grand Junction, Colorado,
while the regular occupant of the position was required to
perform relief work on another position.
"(2) Carrier now be required to pay one day's pay on
each day of the violation to the employes listed below (senior
employe idle on rest day) on the date or dates immediately
following their names:
M. B. Reynolds, April 2,
3,
1956
C. E. Jordan, April 4, 5, 1956
Barney Romero, April 6, 1956
0. P. Simpson, April 9, 1956
H. L. Haley, April 10, 11, 1956
L. A. Crutchfield, April 12,
13,
1956."
FINDINGS: This claim arises out of the same factual situation appearing in
the docket resulting in Award No. 11. When Cesario, the claimant in that
docket, was taken from his assignment to protect the 11 PM to
7
AM shift, his
own 9 AM to
5
PM position was blanked during the period he was so assigned.
Carrier shows that no extra telegrapher was available and all four assigned
telegraphers were working on their rest days as no relief was available.
Claim here is based on the contention that Carrier violated the agreement when
it did not fillthe vacancy on the established position.
Cesario's position, which was blanked, was not a 7-day position
necessary to continuous operation as was the case in the awards which have
r
Award No. 12 (Continued)
been cited by the Organization, except Award 4956. In that case no claim
was presented in behalf- of the employe in Cesario's situation who was called
upon to relieve the other position, but only on behalf of an extra employe,
and the award was not based upon blanking of his position but upon assigning
him to relieve the other position which should have been assigned to a man
from the extra board, if available, and if not then to regular towerman.
We held in Award No. 11 that under the existing situation of sudden
resignation, excusable lack of extra man and the necessary employment of the
regular men on their rest days, an emergency existed so that employment of
Cesario was justified and governed by Rule 9 (D). That rule sets out the
penalty for such service and to sustain claim for blanking his position would
constitute double penalty.
AWARD: Claim denied.
-' Mortimer Stone
Chairman, Neutral Member
L. G. Heinlela
Carrier Member
~tt-Loci:.~
n
Organ zat~_LF· XPmber
Dated at Denver, Colorado, August 30, 1957.
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