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 & Hartford Railroad that:
1. Carrier violated the Agreement between the parties, commenc
ing May 11, 1959, when it permitted or required employes outside
the scope of Agreement to perform telephone block operator work
at Forest Hills, Massachusetts.
2. Mr. T. Tracy, regularly assigned agent-operator, Forest Hills,
Massachusetts, also Messrs. W. Shanahan, P. Amalfitano or other
extra employes who, on occasion, perform service at Forest Hills,
shall be compensated in accordance with the call or overtime
rules, Articles 6 and 7 of the prevailing Agreement, for each day,
commencing May 11, 1959, that employes other than those under the
terms of the Telegraphers' Agreement perform service covered by
this agreement at Forest Hills.
3. This claim shall continue for each and every day commencing
May 11, 1959 that the violative practice occurs until corrected."
FINDINGS. The only difference between this case and Case No. 10, pre
viously decided by this Board, is that there no telegraphic posi
tion then existed at the point involved, while here the acts com
plained of occurred outside the assigned hours of the agent.at
the point involved.
Award 6800 of the Third Division, N.R.A.B., in a case involving
these parties held that on this property the assigned operator was
entitled to a call in such cases. The carrier relies upon Award
8133 which held "that on the dates and during the hours indicated,
the work involved had never been performed by telegraphers" and
thus was not compensable. Here it is shown that prior to 1947
operators were employed around the clock in a signal station at
Forest Hills, so Award 8133 is not controlling.
AWARDS Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY E. WHITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Duffy
RUSSELL.'Je. WOODMAN;'Fmpibye Member J. J. DUFFY, 'Carrier Member
DATED: June 13, 1961.