=71 V

                SPECIAL BOARD OF ADJUSTMENT No. 306


                THE ORDER OF RAILROAD TELEGRAPHERS

DEC 15 1960 1)

                            vs.

~4- IESER
            THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY


STATEMENT
        OF CLAIM: "Claim of the General Committee of The Order off Railroad Telegraphers on The New York, New Haven & Hartford Railroad, that:


        1. The Carrier violated the provisions of the Telegraphers' Agreement when and because it failed to assign W. Walker, Jr., senior available extra employe to temporary vacancy at Scituate, Massachusetts, on March 12, 1956, at which time W. L. Enos, regularly assigned agent, Scituate, was relieved for ten days.


        2. In consequence of this violation, W. Walker, Jr. shall now be compensated at the hourly rate of the position of agent, Scituate, Massachusetts, because of earnings lost as a result of the violative act of the Carrier."


FINDINGS: Article 13 requires the Carrier to call extra employees
 according to their seniority standing if available. Here the
 Carrier alleges nonavailability. It appears that Walker was
 called for the firsttrick at Buzzards Bay on March 5th, but
 declined and reported spare for the day. He promised to call
 clerk Bean about availability for the second trick at Buzzards
 Bay on the 6th. When he did not do so, clerk Bean called his
 home and was advised by Mrs. Walker that he was in New York.
 When nothing further was heard it was assumed that he was still
 in New York and he was marked off-personal. He was not again
 called until March 23rd when he agreed to cover Harrison Square
 on the 26th.
 Such a showing simply means that non-availability for a
 vacancy on March 12th was based on assumption not information.
 It does not relieve the Carrier of its responsibility to call
 in seniority order under Article.13._ The Carrier is responsible
 for calling the employee not vice versa.

 AWARD: Claim sustained.

                  SPECIAL BOARD OF ADJUSTMENT N0. 306

                  /s/ Dudley E. Whiting

                  DUDLEY E. WHITING, REFEREE


/s/ Russell 1 Woodman Isl J. J. Gaherin

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

 DATED: October 7, 1960