'SPECIAL BOARD OF ADJUSTMENT N0.266
THE ORDER OF RAILROAD TELEGRAPHERS
THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM:
Carrier violated the terms of the Telegraphers' Agreement when
and because at various times it required or permitted persons
outside of the Telegraphers' Agreement to work as Towermen inthe East Buffalo Tower; in consequence thereof for each eighthour trick as shown in the Employes' Statement of Facts, the
senior idle employe, extra in preference, shall be allowed a
day's pay at the East Buffalo Tower rate. The records to be
jointly checked to determine the payees. This claim also
covers subsequent dates. _
OPINION OF BOARD:
This claim contends that during the period indicated above the Carrier
violated the Agreement by requiring or permitting Signal Maintainers, Sectionmen
and other employees to perform the work of Towermen in the East Buffalo Tower, Buffalo,
New York. The evidence indicates that at the time in question serious difficulty was
experienced in operating the mechanical switches at this location due to extreme snow
and ice conditions. This situation existed in spite of the fact that Carrier personnel
were engaged in cleaning the switches. As a result, from time to time during this
period non-schedule employees gave assistance to Tawermen in providing the necessary
manual power for moving the switch levers.
Under the confronting.facts, we are of the opinion and find that an
emergency situation existed and therefore that the Agreement was not violated.
A W A R'D:
Claim denied.
s/ LLOYD H. BAILER
Lloyd H. Bailer, Neutral Member
s/ W. I. CHRISTOPHER s/ F. DIEGTEL
W. I. Christopher, Employee Member F. Diegtel, Carrier Member
New York, New York
July 17, 1959