~!J. 6 ` '~-'' CASE
N0. 4
SPECIAL BOARD OF ADJUSTMENT N0. 266
THE ORDER OF RAILROAD TELEGRAPHERS
THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM:
1. The Carrier violated the provisions of the Telegraphers' Agreement
when and because at 6:39 P.M., February 26,,1953, it issued Train
Order No. 110 at Stroudsburg Tower which governed the movement of
Engine 662-A between Portland and Netcong and which was directed to
be carried into Portland from Stroudsburg by another train for
delivery to the addressees at Portland and at a time agent-operator
Dalberg at Portland was off duty; in consequence thereof Agent
Dalberg shall be allowed a "call" payment under Article 5(a) of the
Telegraphers' Agreement.
2. The Carrier violated the provisions of the Telegraphers Agreement
when and because at 6:16 P.M. on December 18, 1952 it issued Train
Order No. 11 at Bernardsville which was addressed to Train No. 431
at Gladstone, which governed the movement of Train No. 431 out of
Gladstone and which was directed to be carried into Gladstone far
delivery by train No. 428 to Train No. 431 at a time the operator at
Gladstone was off duty; in consequence of this violation and similar
violations on subsequent dates operator R. A. Pellock or his successors at Gladstone shall be allowed a "call" payment for each such
violation in accordance with the provisions of Article 5(a) of the
Telegraphers' Agreement. The records to be jointly checked to determine the payee or payees subsequent to December 18, 1952.
OPINION OF BOARD:
Claim 1 protests Carrier's action in issuing through the Operator at.
Stroudsburg on double track a train order which was given to a train crew for
subsequent execution on single track between Portland and Netcong. It is Contended this train order should have been handled at Portland, and that the
operator regularly assigned there should have been called during his off-duty
hours for this purpose. The Organization contends that Extra 662-A, to which
the order was given at Stroudsburg, was a different train after its arrival at
Portland. The train order was as follows:
"Train Order No. 110 February 26, 1953
"To C. & E. Engine 662-A AT Stroudsburg, Pa.
Engine 662-A run extra Portland to Netcong. Extra 913
west has right over extra 662-A east Netcong to
Washington.
J.A.C.
Complete 6:39 p.m. Smith, Operator."
Award No. 4 Case No. 4
The same train moved from Stroudsburg to Netcong via Portland in this
instance. Under this circumstance there was no requirement that the subject train
order must be issued at Portland. It could be issued through an Operator at any
point along the route followed by this train. This was in fact a single run
from Scranton to Port Morris. Thus there is no merit to this claim.
Claim 2 arises out of the following facts: On December 18, 1952 a train
order was issued and addressed to train No. 428 at Gladstone, to be carried
from Bernardsville westward to that point by train No. 431. The order governed
the Eastbound run of train No. 428 from Gladstone. The same crew and equipment
made the run in both directions, however, there being a brief layover at
Gladstone. The Organization contends the Operator regularly assigned at
Gladstone should have been called during his off duty hours to handle this
train order. It states that on subsequent dates there was a similar handling
of orders governing train movement out of Gladstone, except that such orders
were handed to a train crew by Operators at Summit rather than at Bernardsville.
The Adjustment Board has previously held in various awards (e.g., 5087,
6124) that in instances of this type the Operators at the point of execution
should have been called to handle the train order. We are not confronted with
a single run, as in the first claim of this case, nor do we have here a single
order for a round trip as in Award 4819. Thus this claim must be sustained for
December 18, 1952 and for the subsequent dates as specified at page 2 of the
Organization's ex-parte submission.
A W A R D:
Claim 1 denied. Claim 2 sustained to the extent indicated above.
/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 8, 1959.
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