Award No. 25
Case No. 25
NRAB Case
SPECIAL BOARD OF ADJUSTMENT N0. 421
THE ORDER OF RAILROAD TELEGRAPHERS )
VS. )
NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT )
(except Boston and Albany Division) and )
MEW YORK DISTRICT )
STATEMENT OF CLAIM:
1. Carrier violated the terms of the Telegraphers' Agreement when it required Mr. G. F. Merkley, Jr., the incumbent of Relief Position No. 3,
at Interlocking-100, Rensselaer, N. Y., to suspend work on his assigned
position and required him to work the hours of the 2nd trick position
at the said location on August 7 to 11, 1959.
(a) Because of the violation the Carrier shall be required to compensate Mr. Merkley the difference between the pro rata rate paid to
him and the punitive rate due him for work performed on the 2nd
trick position at Interlocking-100 on August 7, 10 and 11, 1959.
(b) Carrier shall compensate Mr. D. B. Ogden, a regular assigned employe on the rest days of his position, eight (8) hours punitive
pay for not being called to perform work on the second trick at
Interlocking-100, on August 7, 1959.
(c) Carrier shall, also, be required to compensate Mr. Fred Woelfersheim, a regular assigned employe on the rest days of his position
eight (8) hours punitive pay for not being called to perform work
on the 2nd trick at Interlocking-100, on August 10 and 11, 1959.
OPINION OF BOARD:
Claimant Merkley was required to suspend work on his assigned position and
to work the hours of the second trick position at the subject location on
August 7 to 11, 1959 due to an emergency condition created by the illness of
the employee regularly assigned to the second trick position. There is no
showing of any loss of pay caused by the Carrier°s action in diverting Merkley
to the second trick position, nor is there any basis shown for the compensation
requested for the other employees named in the claim.
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
June 25, 1963