SPECIAL BOARD OF ADJUSTMENT N0. 259
THE ORDER OF RAILROAD TELEGRAPHERS )
VS )
NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT )
(except Boston and Albany Division) and NEW )
YORK DISTRICT )
STATEMENT OF CLAIM
:
1. Carrier violated the provisions of the Telegraphers' Agreement when
on February 11, 1958, W. A. Pacific, an extra employe, was required
to vacate the position of first shift Assistant Agent at Gouverneur,
New York, after having worked that position one hour and go to
Emeryville, New York, and work the agent's position for which he was
paid only eight (8) hours pro rata rate time plus one hour punitive
time at the rate of the Emeryville job.
2. Carrier shall now pay W. A. Pacific for eight (8) hours at the rate
of the Assistant Agent position at Gouverneur, New York; also for
42 miles travel from Gouverneur to Clayton, the home station of
W. A. Pacific, and 1.4 hours travel time at the rate of the
Gouverneur job, and 46 miles Clayton to Emeryville, and 1.5 hours
travel time. Total amount of claim $31.18.
OPINION OF BOARD
:
This case arises on Carrier's St. Lawrence Division. At the time in question, Claimant Pacific was an extra employe with home station at Clayton, New York.
Effective as of February 10, 1958, Claimant was called for extra work as Assistant
Agent at Gouverneur, New York, assigned hours 8:00 A.M. to 4:00 P. M., to assist the
Agent in bringing the station work up to date. This call was effective until further notice, although Carrier states it was anticipated that Claimant's services
would not be required in excess of three days.
At approximately 8:00 A.M. on February 11, 1958, the Agent at Gouverneur
reported that his son, who served as Agent at Emeryville, New York, had been injured on his way to work and that a replacement would be required for him. The
assigned hours of the injured employe commenced at 7:00 A.M. at Emeryville. There
being no other extra man available, Claimant Pacific was instructed, shortly after
having reported for duty at Gouverneur, to proceed to Emeryville and cover the
vacancy. Claimant complied.
The Organization cites a number of Articles of the Agreement which allegedly
were violated by the Carrier in the subject instance. We are unable to find that
any contractual violation occurred insofar as the reassignment of Claimant to
AWARD N0. 15
Case No. 19
_ 2 _
Emeryville under the subject circumstances is concerned, however. Clearly, Carrier was faced with an emergency situation, with no advance notice whatsoever
that the Agent position at Emeryville would be vacant. It will be noted that
Carrier did not learn of this vacancy until one hour after the Emeryville Agent
was due to begin his tour of duty. Since no other extra man was available,
Management was entitled to use Claimant Pacific to cover this vacancy.
The record indicates that Claimant was paid the rate of the Emeryville
Agent position on the date in question. This rate is less than that called for
by the Assistant Agent work which Claimant had been called to perform at Gouverneur.
He should not suffer a decrease in rate of pay by virtue of the emergency assignment at Emeryville. Claimant was entitled to be compensated for service performed,
and for travel time and mileage, in connection with his February 11, 1958, assignment, on the basis of the Assistant Agent rate at Gouverneur, New York.
AWARD:
Claim sustained in accordance with above Opinion.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ R. J. Woodman /s/ Chas. N. Faris
R. J.
Woodman, Employe
Member Chas. N. Faris, Carrier Member
New York,.New York
January 20, 1959