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ORT FILE: 1923
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SPECIAL BOARD OF ADJUSTMENT N0.266
'~ THE ORDER OF RAILROAD TELEGRAPHERS
_._~ THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY
CLAIM N0.1
STATEMENT OF CLAIM
:
(a) Carrier violated the Telegraphers' Agreement when and because
on June 10, 1953 it required or permitted, and still requires or
permits, conductors to transmit from Portland, outside of the agentoperator's assigned hours, each day, Monday through Saturday of each
week, the arrival of their trains at Portland along with the consists
of their trains to the dispatcher at Bangor, and receive messages of
instructions from said dispatcher; in consequence thereof the agentoperator at Portland shall be allowed a "call" payment for June 10,
1953 and continue to receive a "call" payment each week day thereafter until the practice is discontinued.
(b) Carrier violated the Telegraphers' Agreement when and because
on each day (Monday through Saturday) June 10, 1953 through July 1,
1953, and again each workday (Monday through Saturday) September 29,
1953 through June 7, 1954, it required or permitted a clerk at Portland to copy a car report from the dispatcher at Bangor, outside of
the Portland operator-clerk's assigned hours; in consequence thereof
the clerk-operator at Portland shall be allowed a "call" payment for
each day.
(c) Carrier violated the Telegraphers' Agreement when and because
on each Saturday (except Saturday, July 4) June 13, 1953 through
June 5, 1954, it required or permitted a clerk at Portland to perform all communication service into and out of Portland that was
assigned to and performed by the operator-clerk Monday through
Friday, except the handling of train orders; in consequence thereof
the senior idle extra employe shall be allowed a day's pay for each
of said Saturdays; if an extra employe was not available, the Saturday's pay shall be allowed to the incumbent of the operator-clerk's
position. The records shall be jointly checked to determine the payees.
CLAIM N0.2
STATEMENT OF CLAIM
:
Carrier violared and continues to violate the Telegraphers' Agreement when and because following a Mediation Agreement between the
parties signed June 9, 1953, it continued to require or permit train
service employes at Hill Yard to OS (report arrivals and departures)
their trains, transmit train consists, receive messages of instructions, etc. each work day; in consequence thereof beginning with
July 13, 1953 and continuing each work day thereafter three senior
idle employes, extra in preference, shall be allowed a day's pay
ORT FILE: 1923
AWARD N0. 16
CASE N0. 16
representing three eight-hour tricks in each '24-hour period.
The records shall be jointly checked to determine the payees.
CLAIM N0.3
STATEMENT OF CLAIM:
Carrier violated and continues to violate the Telegraphers'
Agreement when and because following a Mediation Agreement
between the parties signed June 9, 1953, it continued to require or permit train service employes and others not covered
by the Telegraphers' Agreement at Bath Junction to report train
arrivals and departures, transmit and receive messages and/or
reports of record each and every working day; in consequence thereof a senior idle employe, extra in preference, shall be allowed
a day's pay for each working day beginning July 1, 1953 and continuing until the violations cease. The records to be jointly
checked to determine the payees.
OPINION OF BOARD:
These three claims were filed in protest against the actions of non-schedule
employees in performing certain communication work at the various points specified above.
The actions complained of at these locations were the subject of prior claims which the'
Organization had filed and which were considered by the parties during the mediation proceedings which culminated in the Mediation Agreement dated June 9, 1953. These and similar claims arising on the Carrier's Bangor and Portland Branch are listed in the Mediation
Agreement as being withdrawn with the sole qualification that'"...the Carrier, within ten
days from the effective date of this agreement, will create a Clerk-Operator's position
at Portland at a rate of $1.635 per hour." The Carrier complied with this commitment.
It also complied with the understanding reached by the parties that train service employees would not thereafter handle train orders, which they had been doing previously.
Since the actions complained of in the present claims do not deal with train
orders, and since the Carrier complied with its commitment to establish a Clerk-Operator's
position at Portland, the controversy presented by the instant claims is closed. Thus a
dismissal award on each claim is warranted.
A W A RD:
Claims dismissed.
LLOYD H. BAILER
Lloyd H. Bailer Neutral Member
DISSENTING s/ F. DIEGTEL
W. I. Christopher, Employee Member F. Diegtel, Carrier Member
New York, New York
July 17, 1959