SPECIAL BOARD OF ADJUSTMENT NO. 306
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY
STATEMENT "Claim of the General Committee of The Order of Railroad Teleg
OF CLAIM: raphers on The New York, New Haven and Hartford Railroad Company
that
1. Carrier violated the provisions of the Telegraphers' Agree
ment when it required or permitted the Yardmaster at Brayton
Avenue, an employe outside the coverage of the Agreement, to per
form communication service on February 20 and 25, 1959.
2. Telegrapher J. J. Walsh, senior extra employe on the seniority
district involved, shall be paid one day's pay (8 hours) at the
appropriate rate, February 20 and 25, 1959 for work denied. In
the event that Mr. Walsh shall be found to have been unavailable
on either or both dates the claim shall be payable to the senior
available extra employe."
FINDINGS: On February 20, 1959 the yardmaster at Brayton Avenue yard of
fice reported by telephone to the dispatcher at Boston that train
BO-3 had a broken air hose on car PFE 63600 at Hebronville and
made a change there. On February 25, 1959 that yardmaster re
ported by telephone to the dispatcher that car NH 34044 was set
out of train BO-3 with a hot box.
While these communications are after the fact reports of rea
sons for train delays, there is no evidence that such delays were
otherwise reported to the dispatcher. Train delay reports are
communications of record and, in the absence of any evidence of a
contrary practice, must be deemed to be exclusively telegraphers
work under the various awards of the Third Division, N.R.A.B.
AWARD: Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY E. WHITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Duffv
RUSSELL J. WOODMAN, Employe Member J. J. DUFFY, Carrier Member
DATED: June 13, 1961.