SPECIAL BOARD OF ADJUSTMENT N0. 306
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE NEW YORK, MEW HAVEN & HARTFORD RAILROAD COMPANY
STATEMENT
OF CLAIM
: "Claim of the General Committee of The Order of Railroad Telegraphers on the New York, New Haven & Hartford Railroad that:
1. Carrier violated the prevailing Agreement between the
parties when, on February 22, 1959 it refused to permit employes entitled to perform service under the terms of the
Agreement to do so at Davisville, Cranston and Kingston, all
within the state of Rhode Island; and
2. Messrs. D. J. Houston, G. A. Benard and J. F. Sheridan,
or such other extra employe found available, qualified and
entitled to perform the required service, shall be paid the
equivalent of one day's (8 hours) pay at the rate of the
respective positions. In the event that the employes named,
or any other extra employe is found to have been unavailable
for any reason, the regularly assigned employe on rest day
shall be so paid."
FILINGS
: At Cranston, Kingston and Dansville, R. I., signal
stations the third trick operator positions are worked by
a regular assignment Monday to Friday, blanked on Saturday,
and covered by an extra man on Sunday under Article 4A (e).
On Sunday, February 22, 1959 the Carrier did not schedule
any extra men to cover such jobs because of the reduction
of service occasioned by the holiday.
The guarantee rule, Article 3, applies only to "regular
assigned employes" not to positions or extra employes. The
rules governing the use of extra employes and work on rest
days of assignment use terms such as "where work is required"
or "to do work necessary on rest days." There is no evidence
that any work was required, necessary or performed so there
is no basis in the rules for this claim.
AWARD
: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY E. WHITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Duffy
RUSSELL J. WOODMAN, Employe Member J. J. DUFFY, Carrier Member
DATED: June 13, 1961