-?=
SPECIAL BOARD OF ADJUSTMENT N0. 305
DEC 7~ &-0
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
E ,_ _.,~ ~-j'-' UNION RAILWAY COMPANY
- - -- (Memphis)
STATEMENT OF CLAIM:
"Claim of the Committee of The Order of Railroad Telegraphers on the
Union Railway that:
1. Carrier violated the agreement between the parties when it improperly relieved Telegraphers Thomas A. Coulson, first shift,
R. E. Bridger, second shift, and K. C. May, third shift, at
Sargent Yard, Memphis, Tennessee on their assigned rest days
from March 4, 1959 through May 30, 1959.
2. Carrier chall be required to compensate:
Thomas A. Coulson in the amount of eight hours' pay at
the time and one-half rate on Wednesday, March 4, 1959,
and on each Tuesday and Wednesday thereafter to and including Wednesday, May 27, 1959.
R. E. Bridger in the amount of eight hours' pay at the
time and one-half rate on Thursday, March 5, 1959, Friday,
March 6, 1959, and on each Thursday and Friday thereafter
to and includigg Friday, May 29, 1959.
K. C. May in the amount of eight hours' pay at the time
and one-half rate on Saturday, March 14, 1959, and on
each Saturday thereafter to and including Saturday, May
30, 1959."
OPINION OF BOARD:
The claimants were regularly assigned telegraphers at Sargent Yard,
Memphis, Tennessee, and each was assigned a work week of five days, with two consecutive rest days. Five of the rest days of those three positions were incorporated into a regular relief position occupied by Mrs. M. L. Terrell.
On March 2, 1959, Mrs. Terrell was given a leave of absence, and there
being no extra telegrapher available to relieve Mrs. Terrell on her regular relief
position, the Carrier did, on March 3, 1959, accept an application for employment
from Mr. E. F. Straub, an employe of the Missouri Pacific Railroad on authorized
leave of absence. Mr. Straub was examined by Carrier medical examiner at Memphis,
Dr. J. 0. Gordon, on March 4, 1959, and found qualified. He began work on the
rest day relief position on March 4, 1959.
AWARD NO. 70
DOCKET N0, 70
(Case 2997) PAGE 2
On dates of claim as set forth in the record, Mr. Straub worked on the
rest days of the claimants' positions, and as a res¢~:t thereof, these claims have
been filed for such rest days during the period March 4 to May 30, 1959.
The Organization bases these claims upon the allegation that Mr. Straub,
was not a bona fide employe, and thus in the absence of an available extra employ. holding seniority as a telegrapher, the claimants should have been used
to work on their own rest days.
From the evidence placed before the Board we are convinced that Mr. E. F.
Straub was a bona fide employe and as such was properly used. No rule or other
agreement provision has been called to the Board's attention which prohibits the
Union Railway Company from hiring an employe on leave of absence from another
railroad or other employer.
The fact that Mr. Straub saw fit to leave the service of the Union RaiLway Company upon the expiration of his leave of absence from the Missouri Pacific Railroad does not render his employment relationship with the Union Railway
other than bona fide during the period of these claims.
Claims should be denied.
FINDINGS: Carrier did not violate the Agreement, nor does the record
here support the claim.
AWARD
Claims denied.
SPECIAL BOARD OF ADJUSTMENT N0. 305
s/ Donald F. McMahon - Chairman
Donald F. McMahon - Chairman
Dissenting s/ G.-W, Johnson
R. K. Anthis - Organization Member G. W. Johnson - Carrier Member
St. Louis, Missouri
September 23, 1960
File 380-1920