SPECIAL BOARD OF ADJUSTMENT N0. 306
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY
S TATEMENT
OF CLAIM: "Claim of the General Committee of The Order of Railroad Telegraphers on the New York, New Haven and Hartford Railroad that:
1. Carrier violated the provisions of the prevailing Agreement
between the parties when on various and sundry dates between Se?tember 18 and October 8, 1958, particularly on September 18, 23, 24, 25,
26, 27, 28, 29, 30 and October 1, 2, 4, 5, 6, 7, and 8, 1958, it
required and/or permitted train service employes, not covered by
said Agreement, to perform the duties of a Block Operator at
Newington, Connecticut; and
2. Carrier shall now be required to compensate the senior idle and
available telegrapher on the Hartford seniority district by payment
of eight (8) hours at $2.256 per hour, or $18.05 per day, for each
day of violation as follows:
Saturdays and Sundays, September 27, 28, October 4, 5, 1958
Mr. G. B. Moran $72.20
Mondays, September 29, October 6, 1958
Mr. W. H. McNamara 36.10
Tuesdays, September 23, 30, October 7, 1958
Mr. C.
H.
French 54.15
Wednesdays, September 24, October 1, 8, 1958
Mr.
H.
G. DeRosier 54.15
Thursdays and Fridays, September 18, 25, 26, October 2, 1958
Mr. M. F. Kelly 72.20
TOTAL CLAIM $288.80"
FINDINGS: Prior to November 3, 1949 a telegrapher position existed at
Newington, Conn. On that date the station was closed and the
position was abolished.
During the period specified in the claim track construction
was in progress north of Newington. About one-half mile south of
that point train crews were required to contact the operator in
charge of the block at S.S.214, by telephone to obtain permission
to cross over to tracks not affected.
The claim is largely predicated upon the fact that, formerly
a telegrapher's position was maintained at Newington. Once the
station was closed and the position abolished, it became an out
lying point just as is any other crossover or sidetrack between
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block stations. Here the train crews simply contacted the operator
in charge of the block by telephone, just as they would at any
other outlying point. The fact that a telegrapher's position
may have existed at that point at some time in the past does not
alter the character of the service nor govern the right to perform
it.
The employes rely on Third Division Award No. 8264 but here
there was no employe stationed at the point involved to perform
communications service as was the situation therein.
A14ARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY E. WRITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Gaherin
RUSSELL J. WOODMAN, Employe Member J. J. GAHERIN, Carrier Member
DATED: March 7 , 1961
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