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 and continues to violate the provisions of the
Agreement between the parties when, commencing March 17, 1958,
it required the agent at Liverpool, New York to suspend work on
his regularly assigned position during the work day and travel
to Electronics Park to perform service at that station.
2. Carrier shall compensate Claimant F. E. Cascanet, Agent at
Liverpool, an additional day's pay for each day he has been
required to work at Electronics Park commencing March 17, 1958
and continuing until the violation is corrected.
OPINION OF BOARD
-
Liverpool, New York is a one-man agency on Carrier's St. Lawrence Division, Claimant Cascanet being the Agent at this location. Carrier states there
had been a decrease in business at Liverpool as of the date of the action giving
rise to this claim. Prior to March 14, 1958, Carrier employed a Clerk at Electronics Park, on the outskirts of Syracuse, to handle freight billing of the
General Electric Company plant located there. Said Clerk was carried on the
Syracuse Freight office payroll. The Electronics Park location is approximately
.6 mile north of the Liverpool station.
A very substantial decline in rail business at Electronics Park has
occurred during recent years. By March 1958 there was only between one and two
hours of billing work per day remaining at that point. Effective as of March 17,
1958, Carrier, therefore, discontinued the position of Clerk at Electronics Park
and assigned the remaining clerical work to the Agent at Liverpool. Thereafter,
Agent Cascanet was required to proceed to Electronics Park at about 3:00 P.M. each
day to perform this billing work. No change was made in Claimant Cascanet's
starting and quitting time, or in his rate of pay.
The Organization contends that Carrier's action as above described was
violative of the subject Agreement. It requested that the Carrier be directed to
pay Claimant an additional day's pay for each day he is required to work at
Electronics Park, until the subject practice is stopped. Several Agreement Articles
are cited as
having been
specifically violated.
AWARD N0. 17
Case No. 21
The Third Division Awards upon which the organization relies are not in
point here. In the subject case, Electronics Park is not identified under the
controlling Agreement and no employe subject to the terms thereof had been assigned
there previously. It also is to be noted that the latter location is in the
vicinity of Liverpool station. Thus what the Carrier has done has been to assign
Agent Cascanet to perform certain other work in the vicinity of his station but
still within his regularly assigned hours. It cannot be said that an Agent is
barred by the subject Agreement from performing billing work.
In the light of these circumstances, we find that no violation of the
Agreement has occurred.
AWARD
Claim denied.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ R. J. Woodman /sl Chas. N. Faris
R. J. Woodman, Employe Member Chas. N. Faris, Carrier Member
New York, New York
January 22, 1959
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