SPECIAL BOARD OF ADJUSTMENT N0. 310
The Order of Railroad Telegraphers
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM
: "Claim that seasonal position of
Operator-Clerk at
Petoskey,
should be advertised as in previous
years and that W. A. McGuire, operator-Clerk be compensated at straight
time rate covering service on the first trick at Petoskey, from 6:30
A.M. to 2:30 P. M., and at the time and one-half rate for second tour
of duty from 1:00 P.M. to 9:00 P.M., on days required to remain on
duty beyond his first trick assigned hours." (Fort Wayne Division Case
No. 90 - System Docket No. 199)
FINDINGS
:
Prior to the summer of 1952, Carrier established a second trick Operator-clerk
position for the summer months only. In 1952 Carrier decided the volume of business did not warrant this second-trick position, and it was not advertised or
assigned. The first trick Operator-clerk worked beyond his regular 8:30 a.m. -
5:30 p.m. assignment. When used prior to 8:30 a.m., and after 5:30 p.m., he was
compensated at the overtime rate. Saturdays were accumulated for relief purposes
under Regulation 5-G-1 (h) (3) and Sundays were paid at overtime rates.
There being no showing here that work properly belonging to the telegrapher
class is being performed by persons not covered by the Telegraphers' Agreement,
the remaining work is work that is not exclusively Telegraphers', and is work
normally performed by clerical employees when on duty.
This situation occurred only during the summer allergy season; at all other
times, first trick Operator-clerk Maguire reverted to his normal tour of duty.
AWARD
:
Claim denied.
Signed this 10th day of April, 1961.
/s/ E. A. Lynch
E. A. Lynch, Chairman
/s/ C. E. Alexander /s/ R. J. Woodman
C. E. Alexander, Carrier Member R. J. Woodman, Employe Member