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--"-°-THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY

STATEMENT

OF CLAIM: "Claim of the General Committee of The Order of Railroad Teleg

raphers on The New York, New Haven & Hartford Railroad, that:

1. The Carrier violated and continues to violate the terms of

the agreement between the parties when it permitted and/or re

quired and continues to permit and/or requires, employes not

subject to said agreement, by use of the telephone, to report

(OS) trains, obtain permission for trains to occupy and use main

tracks, within designated block limit territories, report the

time that trains clear such block limit territories, and copy

train orders at Plainfield, Connecticut, at a time when the

agent-operator is available, but not on duty.

2. In consequence of these violations at Plainfield, Connecticut,

the Carrier shall compensate the incumbent of the agent-operator

position at that location in accordance with the 'call' or over

time rules, (Articles 6 and 7, prevailing agreement), each day,

commencing June 21, 1954 that he was not used."

FINDINGS : Final denial of this claim by the Carrier is dated February

15, 1955. Notice of intention to appeal the claim to the Third

Division, N.R.A.B., is dated December 22, 1955. Hence the appeal

was not within the time limited by Article V, Section 1 (c) of

the Agreement of August 21, 1954 and the claim is barred thereby.

AWARD : Claim denied.

SPECIAL BOARD OF ADJUSTMENT N0. 306

/s/ Dudley E. Whiting

DUDLEY E. WHITING, REFEREE

/s/ Russell J. Woodman /s/ J. J. Gaherin

RUSSELL J. WOODMAN, Employe Member J. J. GAHERIN, Carrier Member

DATED: October 7, 1960