SPECIAL BOARD OF ADJUSTMENT N0. 421
THE ORDER OF RAILROAD TELEGRAPHERS )
vs. )
NEW YORK CENTRAL RAILRDAD, EASTERN DIST.)
(except Boston and Albany Division) and )
NEW YORK DISTRICT )
STATEMENT OF CLAIM:
1. The Carrier violated the terms of the Telegraphers' Agreement when
on August 27 and 28, 1959, it required Mr. F. J. 'Wright, incumbent
of the assistant ticket agent position at Amsterdam, New York, to
perform relief service on the freight agent's position at Fonda,
New York, at a time when no emergency existed, as defined by the
terms of the Agreement.
2. Because of the violation the following payments shall be made to
the following named telegraph service employess
(a) Mr. F. J. Wright shall be paid the difference in the .pro rata
rate and the punitive rate of pay of the freight agent's
position at Fonda, New York, for relief service performed
on the said position on August 27 and 28, 1959.
(b) Mr. T. W. Ambridge, incumbent of Relief Position No. 30, shall
be paid the difference between the pro rata rate and the punitive rate of pay for relief service performed on the assistant
ticket agent's position at Amsterdam; New York, on August 27,
1959.
(c) Mr. J. S. Leggiero, incumbent of 3rd trick telegrapher-leverman
position at Interlocking 16, Fonda, New York, shall be paid
eight (8) hours at.the punitive rate of pay of the freight
agent's position at Fonda, New York, for not being called to
perform relief service on the said position on August 27, 1959.
(d) Mr. M. Forman, incumbent of.relief position No. 20, all positions at Interlocking 16, Fonda, New York, shall'be paid eight
(8) hours at the punitive rate of pay of the freight agent's
position at Fonda, New York, for not being called to perform
relief service on the said position on August 28, 1959.
OPINION OF BOARD:
53A y2/
AWARD N0. 5
CASE N0. 5
The evidence does not establish that the Carrier attempted to
contact employes who were available and qualified to cover the subject.
vacancy in the Freight Agent's position at Fonda, New York, instead of
removing an employe from his regularly assigned position to cover this
vacancy on each of.the two days involved (August 27 and 28, 1959). Accordingly, we will sustain part 1 of the claim. Parts 2 (c) and 2 (d)
of the claim will be sustained for,employes J. S. Leggiero and M. Forman, but at straight time rate. Parts 2 (a) and 2 (b) of the claim
will be denied.
AWARD:
Opinion of Board.
s/ L. FAULDS
L. Faulds, Carrier Member
New Y ork, N. Y.
July 23, 1962
Claim sustained in part and denied in part as stated in above
s/ LLOYD H. BAILER
Lloyd H. Bailer, Chairman
s/ R. J. WOMAN
R. J. Woodman, Employe Member