' CASE N0:33
SSW FILE 47-313-11
SPECIAL BOARD OF ADJUSTMENT NO. 353
PARTIES)
Transportation-Communication Employees Union
TO )
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
Claim of the General Committee of the TransportationCommunication Employees Union on the St. Louis Southwestern Railway
Lines, that:
1. Carrier violated the Agreement between the parties when
it did not permit P. R. Dafft to fill his regular assignment,
clerk-telegrapher at Plano, Texas on December 23, 1964.
2. Carrier shall compensate P. R. Dafft for eight hours'
pay at the applicable straight time rate of pay for December 23, 1964.
OPINION OF BOARD:
Claimant was regularly assigned to a relief clerk-telegrapher
position, headquartered at Plano, Texas, working as follows:
Sat. Agent-Telegrapher Plano 9 AM - 5 PM
Sun. & Mon. Agent-Telegrapher' Addison 4 PM - 1 AM
Tue. & Wed. Clerk-Telegrapher Plano 6 PM - 2 AM
Thu. & Fri. Rest Days
On Wednesday, December 23, 1964, the Chief Dispatcher's
office was advised that regular relief clerk-telegrapher Harper was
sick and could not protect her assignment at Dallas beginning at
11:55 P.M.'that date. Since no other clerk-telegraphers were
available, the chief yard clerk was instructed to notify Claimant
to protect the Dallas position and advise the regularly assigned
Clerk-Telegrapher, at Plano to work
his
rest day Wednesday.
Carrier states they attempted to advise Claimant around
1 P.M. Wednesday. Carrier says it contacted Claimant's wife and
also contacted two of Claimant's brothers, who are also telegraphers.
- 2 - AWARD N0. 29
Claimant showed up at Plano to protect the 6:00 P.M. position
He contacted the chief dispatcher's office and was,advised that he
had been taken off the assignment to perform emergency work on the
11:55 P.M. position at Dallas. Claimant later advised the Chief
Dispatcher by telegram received about 11:04 PM that he was sick and
unable to protect the position at Dallas.
Claim was filed by the General Chairman for eight hours at
the straight time rate. The claim was denied by Carrier.
Employes rely on Article 4 of the agreement to support their
position. Carrier contends that Claimant was taken off his assignment for emergency work under Article 16 of the agreement. Had
Claimant protected the position at Dallas he would have been paid
8 hours at the time and one-half rate.
These issues are the same as those before this Board in
Award 25. In that Award we held the Claimant was properly used for
emergency work under Article 16.
We will deny the claim.
FINDINGS: That the agreement was not violated.
AWARD: Claim denied.
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D. A. Bobo, Employee Member M. L. Erwin, Carrier'Member
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Tyler, Texas
December 28, 1966