SPECIAL BOARD OF ADJUSTMENT N0. 306
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY
STATEMENT
OF CLAIM: "1. Carrier violated the prevailing agreement between the
parties when on July 20, 21 and 22, 1959, employes outside
the coverage of the agreement performed service covered by
the terms of the agreement at Northup Avenue in obtaining
and releasing the block to operators at Signal Station 151,
Providence, R. I.
2. The senior avialable employe, extra in preference, entitled
under the terms of the agreement to the service shall be paid
the equivalent of one day's pay (8 hours) for each and every
day such violation existed. Extra employes entitled thereto
are: Messrs. D. J. Houston, and R. Machado. In the event
these employes are found to have been unavailable, such extra
employe or regularly assigned employe, on rest, as found
available, shall be so compensated."
FINDINGS: This case involves movements within, yard limits under
the jurisdiction of the yardmaster. During the period of
the claim, two tracks normally used for westbound movements
were out of service. Before westbound movements were made on
normally opposing tracks, the yardmaster, or a switchtender
acting on his instructions, would contact the operator at
SS 151 to ascertain whether the track was clear and to arrange
protection for the movement.
The factual situation is similar to that involved in
Award No. 5023 of the Third Division and so it governs
decision here.
The employes rely upon Award No. 6967 but that case in
volved "orders" for movement of trains issued by operator, so
the factual situation is dissimilar and it is not applicable.
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