' , A' -ARD N0. 38 .


                  SPECIAL BOARD OF ADJUSTMENT N0. 421


THE ORDER OF RAILROAD TELEGRAPHERS )
            VS. )

) NDI YORK CENTRAL RAILROAD, EAST-,RN DISTRICT)
 (Except Boston anc Albany Division) and )
 NEW YORK DISTRICT

 STATEMENT OF CLAIM:

 1. Carrier violated the terms of the agreement between the parties when, on June 2.* 19639 it required 0. Kieran to perform service on other than his regular position and refused to compensate him properly in accordance with said agreement.

 2. Carrier shall be required to pay 0. Kieran the amount of $p2.50, said amount being the difference between $30.97 paid and $33.47 which should have been paid on the basis of his rate on his regularly assigned position at Into "B". OPINION OF BOARD:
 Claimant nieran was the regular assigned incumbent of the first trick Telephoner Leverman position at Interlocking "B" Albany, New York, working from 6:59 A.M. to 2:59 P.M. Tuesday through Saturday. The rest days of Sunday and Monday were covered by a regular assigned relief employee.
 At 1:1,0 P.M. on Sunday, June 2., 1963, train NY-2 derailed in the vicinity of Rotterdam Junction, New York. The Carrier called Claimant Kieran to serve as a block operator to assist in routing trains around the derailed train, and paid him tine and one-half for eight hours at the lower rate of the block operator position he covered. The contention' in this claim is that claimant should have been paid on the basis of the rate of his regular assigned position at Interlocking 'IB".
 Under the circumstances that prevailed in this particular case, we think the claimant was entitled to 'be paid pn the basis of the rate of his regular assigned position. AWARD:

        Claim sustained.


                            yd` . Bailer, Chairman


i Faulds, Carri,or inembor ii. J., Woo s .fnploye iember
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