406-3 AWARD N0. 60
CASE NO. 100
417/ 2-2-G
(123-58)
SPECIAL BOARD OF ADJUSTMENT NO, 266
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM:
"On December 23, 1957 instructions were issued that Waverly would be
closed and the Agent and Clerk-Operator would not work on Dec. 25, 1957,
but Agent Stickney would work a call to handle mail for No.15, and similar orders were issued on December 30, 1957 covering January 1, 1958 -
on December 25, 1957 and January 1, 1958 relief man J. Waterman would
normally work the Clerk-Operator position.
Article 5 provides for call service not continuous with the regular work
period and on Saturdays of two hours at the overtime rate, and under Article 8, Sec. 1 M (11) B.I., provides for a minimum of three hours at
overtime rate during week day assigned hours on a Sunday; therefore the
service performed by Stickney on Dec. 25, 1957 and Jan. 1, 1958 must be
for a full eight hours compensation at the applicable rate. Incidentally,
you attempted this same procedure on December 24, 1954 at Syracuse Tower,
Case 417 SU-223, which you settled by paying Flaherty an additional
$12.99 and H. West $11.55 to make the full 20 hours pay on that date.
The contracted for rate of seven (7) day positions for Holidays (Dec.
25, 1957 and Jan. 1, 1958) is 20 hours pay.
Because of this handling which is in violation of our Agreement, this
is a claim in favor of H. Stickney, Agent-operator, Waverly, N. Y. for
20 hours pay at $2.5513 an hour or $51.03 each date, less the amount
paid on December 25, 1957 and Jan. 1, 1958 and on a continuate basis on
all subsequent Holidays when similar violations take place, the applicable Articles being 8, 11 and 24, and similar claim in favor of J. Waterman (or incumbents of clerk-operator position) assigned to work the
Clerk-operator position at Waverly on December 25, 1957 and Jan. 1, 1958,
for 20 hours pay on December 25, 1957 and Jan. 1, 1958, in the amount of
$45.160 on each date, less the amount paid, and on similar holidays when
similar violations take place, the applicable Article being 8, 11 and
24 of the Agreement."
OPINION OF BOARD:
This case is controlled by the ruling in Award 59 of this Board.
AWARD: Claim sustained in part as indicated above.
AWARD N0. 60
CASE N0. 100
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
/s/ W. I. Christopher /s/ R. A. Carroll
W. I. Christopher, Employee Member R. A. Carroll, Carrier Member
New York, N. Y.
Nov. 24, 1959
PARTIAL DISSENT
The partial dissent entered by the undersigned to Award No. 52 also applies
to this award. The correct rate is time and one-half.
/s/ W. I. Christopher
Employe Member