AUG 5 19fi0
~~ ,SPECIAL BOARD OF ADJUSTMENT NO. 305
AWARD N0. 55
DOCKET NO. 55
CASE NO. 2708
THE. ORDER OF RAILROAD TELEGRAPHERS
vs.
MISSOURI PACIFIC RAILROAD COMPANY
(Southern & Western Districts)
STATEMENT OF CLAIM:
"Claim of the General Committee of The Order of Railroad Telegraphers on
the Missouri Pacific Railroad, that.:
Carrier violated the Agreement between the parties when it
arbitrarily diverted 'Telegrapher 'S. W. Clark from Position'No.
10,.'GM' Telegraph Office, St. Louis, Missouri, to the position
of Assistant Manager in that office on August 28, 1957.
Carrier caused Claimant Clark to lose the day of September 2,
1957, a holiday, for which he would have been paid eight hours
at the time and one-half rate.
3. Carrier shall now compensate Claimant B.'W.,Clark for eight hours
at the time and one-half rate of Position No. 10, 'GM' Telegraph
Office, St. Louis, Missouri for 'September 2, 1957."
OPINION 'OF BOARD:
On July.29, 1957, the claimant, who is an extra telegrapher, was called to
fill .a temporary vacancy on telegrapher position No. 10, Carrier's "GM" Relay Office,,St..Louis, Missouri. This position had assigned hours 10:00 A.M..to 6s00
P.M., Saturday through Wednesday, reef days'Thuraday and Friday. The claimant
worked position No. 10 from July 29, 1957 to August 27,,1957, and on August 28, 1957
was moved to the temporary vacancy on the position o£ Assistant Manager, work week
Monday through, Friday, rest days Saturday and Sunday.
The Organization enters claim here for eight hours' compensation at the
time and one-half rate because the position o£ Assistant Manager, to which the
claimant was moved on August 28, 1957, was not required to work on Labor Day Holiday,
Monday, September 2, 1957, whereas position No. 10, from which he was moved, was required to work laid holiday.
It is clear from the record that .the Carrier had the right to move the
claimant from the temporary vacancy on position No. 10 to the temporary vacancy, on
the position o£-Assistant Manager, the latter position paying a daily rata of 84p
in excess of the rate o£ position No. 10. It is also clear that an extra telegrapher thus moved takes the conditions o£ the position to which moved, including work
days and rest days of that position.
From these facts the Board concludes that the claimant here was properly
required by the Gamier to move from position No. 10 to the Assistant Manager
AWARD N0. 55
DO.CRET'.NO. 55
CASE N0. 2708
position and he was not deprived of any,work to which he was'.entitled by, Agreement.
FINISINGS:Carrier did, not violate 'the -Agreement.
AWARD
-Claim denied.
SPECIAL. BOARD, OF ADJUSTMENT N0. 305
/s/- Donald F.~McMahon
Donald F. McMahon -Chairman
/s/ ..R, R. Anthis
R. R. Anthia .- OrBanization Member
St. Louis, Missouri
June ·10, 1960
File 380-1826
/s/ G. W. Johnson
G. W. Johnson..-Carrier Member