SPECIAL BOARD OF ADJUSTMENT N0. 310
The Order of Railroad Telegraphers
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM: "Claim of the Order of Railroad Telegraphers that the Agent
at Plain City, Ohio is entitled to be paid his own salary,
plus the salary of the Agent at Milford Centre, Ohio, during the period he was
required to serve both agencies, due to a temporary consolidation of these
agencies, which is a violation of the April 12, 1938 Agreement. Claim is also
made that he be allowed any necessary travel time expense or overtime, in addi
tion to the two salaries mentioned above, if he was required to work or travel
in excess of his regularly assigned hours at Plain City, Ohio." (Buckeye Region
Case No. R-8 - System Docket No. 387)
FINDINGS,
This case turns on right of Carrier to direct the Agent at Plain City to
perform the necessary work at Milford Centre from August 13 through 24, 1956,
while the Agent-Operator at Milford Centre was on vacation.
Carrier relies on Articles 6 and 10 of the National Vacation Agreement
which decree (a) that Carrier does not have to appoint unneeded vacation relief
workers if failure to do so does not burden those employees remaining on the job,
or burden the vacationing employee on his return.
Carrier having the right to designate one employee to fill the assignment
of another employee while on vacation, the only test to be applied here is to
determine if the employee thus assigned, or the vacationing employee on returning
from vacation, was "burdened" or did he "suffer?"
Such a charge is not made, much less proven, in the claim before us.
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
DISSENTING