SPECIAL BOARD Oh 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 &.Hartford Railroad Company
that:
1. The terms of the agreement between the parties have been
violated and continue to be violated when, effective July 1, 1959,
the position of signal station operator, first shift, Tower U-416,
Buzzards Bay, Massachusetts was discontinued and the duties there
of transferred to the position of agent, Buzzards Bay, by unila
teral action of the carrier.
2. The position of signal station operator, first shift at Tower
U-416 shall be restored, the occupant at time of discontinuance,
Mr. A. A. Patnaude, shall be restored thereto and reimbursed for
any lost earnings, together with payment under the terms of
Article 29 while occupying positions other than his own, until
duly restored.
3. A11 employes adversely affected shall be reimbursed for lost
earnings, until the position of.Buzzards Bay signal station opera
tor, third shift, is restored and the agreement complied with."
FINDINGS: Effective July 1, 1959 the Carrier discontinued all passenger
service, 23 trains, on the Old Colony Line together with all
ticket, passenger and operating work. About 400 positions were
abolished including 29 telegrapher positions.
At Buzzards Bay there had been an Agent and two. S. S. Operator
positions. Effective July 1, 1959 one operator position was abol
ished and the agent position changed to Agent-S.S. Operator.
This claim alleges such action is a violation of the agreement. as
interpreted by Award 434 and others of the Third Division, N.R.A.B.
Particular reference is made by both parties to Award 5507 involv
ing these parties and participated in by this referee.
The basic principle was there stated as follows:
"In our Award No. 434, between the same parties, we held that
to eliminate or combine positions, which have been nego
tiated into the agreement, the, Carrier is obligated to follow
the procedures established by the rules for the modification
of the agreement except when such action is due to the eli
mination of the work and duties for which the position was
created or to a change in the service required since the po
sition was negotiated into the agreement."
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Then that award held that the work and duties of the abolished
position had not been eliminated and that there was no evidence
of any change in the services required since the date of the last
agreement. Here there is evidence of a very substantial change
in the service required through the elimination of all passenger
service and all work connected therewith. In fact the only service remaining was two freight trains, one daily Monday to Fridayone three days per week, and an occasional track patrol. On that
evidence the action of the carrier was justified under the awards
of the Third Division relied upon by the Employes.
AWARD; Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY E, WHITING, REFEREE
/s/ Russell J. Woodman jsl J. J. Duffy
RUSSELL-J:-WOODMAN -Employ: Member J. J. DUFFY,--Cdtrier Member
DATED: June 13, 1961
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