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 agreement between the
parties when on November 15, 1954, it declared the position
of telephoner-leverman at SS-54 as being abolished when in
fact this work of this interlocking plant remained and was
required to be performed daily thereafter.
2. Carrier violated the agreement between the parties hereto,
when commencing with November 15, 1954, it required the
occupant of the agent's position at New Hamburg, N. Y.,
to assume, undertake and perform the duties at SS-54,
New Hamburg, N. Y., in addition to his own regular duties,
by making trips, on foot, from the freight office to SS-54,
a distance of approximately three quarters of a mile.
3. Carrier violated the agreement between the parties when,
commencing November 15, 1954, it merged, combined and
consolidated the work services and duties of the position
of agent and telephoner-leverman, at two different locations.
4. The Carrier shall now be required to restore the position
of telephoner-leverman at SS-54 to the status prevailing
prior to November 15, 1954.
5. Carrier shall compensate the employe who held the regular
assignment at SS-54 for all wage loss and expenses incurred
as a result of this continuing irregularity until it is
properly corrected.
6. All other employes displaced as a result of the violation
hereinbefore set forth, shall be compensated for all wage
loss and expenses incurred as provided in the agreement.
7. That the senior idle employe, extra in preference, shall be
paid one day's pay for each day of violation, it being a
continuing violation, from the date of occurrence to date
of correction.
AWARD N0. 9
Case No. 10
8. Joint check of Carrier's records be ordered to ascertain the
names and amounts due employes as set forth herein.
9. In the event Carrier is unable to produce records for a
joint check, the records furnished by the Employes and
acknowledged by Carrier July 1, 1958 shall be accepted
and employes listed thereon compensated accordingly.
OPINION OF BOARD:
By letter dated November 28, 1958 Carrier advised the Organization
that arrangements had been made for payment of this claim on the basis of the
claims of claimant employes as furnished with General Chairman Lafferty's letter
of July 5, 1958. In view of this development, the parties have mutually requested
that this case be withdrawn from the Board's agenda. This request is granted.
Claim dismissed.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/
R. J. Woodman /s/ Chas. N. Faris
R. J. Woodman, Employee Member Chas. N. Faris, Carrier Member
New York, New York
December 19, 1958
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