SPECIAL BOARD OF ADJUSTMENT N0. 421
THE ORDER OF RAILROAD TELEGRAPHERS )
vs )
NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT)
(except Boston and Albany Division) and )
NEW YORK DISTRICT )
STATEMENT OF CLAIM
:
1. Carrier violated the terms of the agreement between the parties when, effective
March 26, 1959, it declared abolished the position of Ticket Agent at Mt. Kisco,
N.Y. without, in fact abolishing the work of such position which was required
daily thereafter.
2. The Carrier violated the terms of the agreement between the parties commencing
March 26, 1959 and
continuing thereafter
when it required the occupant of the
position of Freight Agent at Mt. Kisco, N.Y. to undertake and perform the
duties of the Ticket Agent in addition to his own duties as Freight Agent.
3. Carrier violated the agreement between the parties when commencing on March 26,
1959 and continuing thereafter, it merged, combined and consolidated the work
of the Ticket Agent, Mt. Kisco, N.Y. with the work, services and duties of the
Freight Agent, Mt. Kisco, N.Y.
4. The Carrier shall be required to restore the position of Ticket Agent to the
same status as that prevailing prior to March 26, 1959.
5. Carrier shall compensate W. W. Irwin, incumbent of the position of Ticket Agent,
for all wages lost and expenses incurred as result of the violations herein
before set out, as provided in the agreement.
6. All other employes displaced as a result of the violations herein before set out
shall be compensated for all wages lost and expenses incurred as provided in
the Agreement.
7. The senior idle employe, extra in preference (see Appendix A) shall be paid one
day's pay at the rate of the position of Ticket Agent, Mt. Kisco, for each and
every day, beginning March 26, 1959, and continuing thereafter until such viola
tion is corrected.
8. A joint check of Carrier's records shall be ordered to ascertain the names and
amounts due employes as set forth herein.
OPINION OF BOARD
:
Effective March 26, 1959 the Carrier abolished the Ticket Agent position at the
Mt. Kisco, New York Passenger Station and the remaining duties of that position were
assigned to the higher rated Freight Agent position that had been assigned the Mt.
Kisco freight station. At the same time, the Freight Agent position was given overall
53A yzl
AWARD N0. 10
Case No. 10
supervision of the services offered by the Carrier at both stations in Mt. Kisco
and the title of this position was changed to Agent. An Assistant Agent position
remained at the passenger station and a freight clerk position (covered by an
employe represented by the Clerks' Organization) remained at the freight station.
We find no violation of the Telegraphers' Agreement in the Carrier's action
of abolishing the subject Ticket Agent position and consolidating the remaining
duties of that position with those of the Freight Agent, under the new title of
Agent. We note that the freight and passenger stations at Mt. Kisco are in the
same vicinity. We further note that the incumbent of the present Agent's position
works not more than four additional hours per week. as compared with the time worked
by the Freight Agent before the consolidation of positions.
AWARD:
Claim denied.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ L. Faulds /s/ R. J. Woodman
L. Faulds, Carrier Member R. J. Woodman, Employe Member
New York, N.Y.
July 23, 1962
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