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SPECIAL BOARD OF ADJUSTMENT N0. 306
DEC 15 19)6,0
THE ORDER OF RAILROAD TELEGRAPHERS
1.
VS.
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THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY
STATEMENT
OF CLAIM: "Claim of the General Committee of The Order of Railroad
Telegraphers on the New York, New Haven and Hartford Railroad
that the Carrier violated the terms of the agreement between
the parties to this dispute when:
1. (a) It failed and refused to properly compensate T. D. Mooney
at the overtime rate, instead of the straight time rate, for the
normal rest days of his regular assignment, which days he was
required to work off his regular assignment.
(b) It required the said T. D. Mooney to suspend work on
certain days which were the normal work days of his regular
assignment.
2. The Carrier shall compensate Claimant T. D. Mooney the
difference between the straight time paid and the time and
one-half rate due on a day-to-day basis for January 2, 3, 9,
10, 16 and 17, 1955, the same dates being the normal rest days
of his regular assignment, and which he was required to work
off his regular assignment.
3. The Carrier shall also compensate Claimant T. D. Mooney
at the pro rata straight time rate on a day-to-day basis for
the dates of January 4, 5, 11, 12, 18 and 19, 1955, the same
dates being normal work days of his regular assignment on which
he was required to suspend work."
FINDINGS: The facts are not in dispute and it is clear that the claimant
was transferred from his assigned position of third trick lever
man at SS 38 to the position of third trick SS Operator at SS 38
in an emergency in accordance with Article 29. Such emergency
resulted from the illness of an employe and the necessity for
filling vacancies with qualified employes, similar to the
situations held to be emergencies in Award 3528 and others of
the Third Division.
The claim is based upon the theory that he retained the rest
days of his leverman assignment. By awards of the Third Division
it is settled that rest days attach to positions, not to employes,
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so that one may not carry them with him in moving from one
position to another. That rule is applicable whether the
movement is by exercise of seniority or by assignment in
accordance with the agreement.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting _
DUDLEY E. WHITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Gaherin
RUSSELL J. WOODMAN, Employe Member J. J. Gaherin, Carrier Member
DATED: October 7, 1960.
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