,;~''~FIV~ AWARD N0. 22

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41 CASE NO. 22
ORT 1998
i c; iarcj TE-8557
Case File 343A6/1-772
J. HER t SPECIAL BOARD OF ADJUSTMENT N0. 266
. THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE DELAWARE. LACKAWANNA AND WESTERN RAILROAD COMPANY

STATEMENT OF CLAIM :

"Claim of the General Committee of The Order of Railroad Telegraphers on the Delaware, Lackawanna and Western Railroad, that:

1. The Carrier violated the Agreement between the parties when

it required or permitted an employe not covered by the Teleg

raphers' Agreement to operate the interlocked switches and

signals at West Secaucus on March 31, 1955, between the hours

of 3:30 P.M. and 6:00 P.M.

2. The Carrier shall compensate the senior idle employe, extra

in preference, an amount equivalent to eight (8) hours' pay

at the straight time rate applicable ($1.97 per hour) for work

denied. The name of the employe entitled to payment to be de

termined by a joint check of Carrier's records."

OPINION OF BOARD :

On March 31, 1955 signals and switches at West Secaucus, New Jersey became inoperative due to a fire which burned a power cable. This accident made it impossible for the dispatcher at Hoboken to operate the remote controls. In order to operate Carrier's trains, a Signal Department employee was assigned to manipulate switches and signals from a panel located in a concrete block building in the vicinity of the old West Secaucus Tower. This work was performed between 3:30 P.M. and 6:00 P.M., under instructions from the Dispatcher. It appears that a Trainmaster was present to oversee the performance of the Signal Department employee involved. .

We are of the opinion and find that the confronting facts represented an emergency situation which made it necessary to assign a Signal Department employee to throw relays to operate the switches and signals in the subject situation. We therefore are constrained to hold that the Telegraphers' Agreement was not violated and that the claim must be denied.

AWARD : 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

September 17, 1959