SPECIAL HOARD OF ADJUSTMENT NO. 541
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
ERIE-LACKAWANNA RAILROAD COMPANY
STATEMENT OF CLAIM:
"1. The Carrier violated the effective Agreement by failing to continue
Maintenance of Way Department Plumber Samuel Comer on the assignment given him
on October 9, 10 and 11, 1961, that of operating a drawbridge at Newark, but
instead replacing him with a Telegraph Operator.
"2. Maintenance of Way Plumber Samuel Comer be now compensated at the time
and one-half or double-time rate which ever applies from and including October
12, 1961, through October 16, when this violation of the Agreement was discontinued."
FINDINGS:
It is undisputed that the telegraphers are the regular operators of the
Newark Drawbridge, since it normally is electrically controlled. The temporary
seven or eight day use of the gasoline auxiliary engine, a fixed component part
of the bridge, to operate the bridge while its electrical controls were undergoing repairs due to fire damage, was incidental to the normal operation of the
drawbridge and was the telegraphers' responsibility.
The applicable Agreement accordingly was not violated and the claim must
be denied.
AWARD:
Claim denied.
Dated at New York, N. Y., this 25th day of August 1964.
Isl
Harold M. Weston
HAROLD M. WESTON, REFEREE
Isl
Arthur J. Cunningham
Isl
R. A. Carroll
ORGANIZATION MEMBER CARRIER MEMBER