DOCKET NO. 25
GR.DIV.: '5397
SPECIAL 330APD OF ADJUSTP4rNT N0. 597: . , ; .
THE'ORDRR OF RAILROAD TELRGRAPHLRS
VS. ..
READING COMPANY -
STATEMENT
OF CLAIM: "Claim of the General Committee of The Order of Railroad,
Telegraphers on the Reading Company that;
' 1. Carrier violated the agreement 'between the parties when
on October 17, 18, 19, 20, 21 , 1960 it required John P.
Kistler to suspend work on his regular assignment as
Telegrapher - Clerk and work the position of Agent at
Evansville, Pennsylvania.
2, Carrier further violated the agreement between the
parties when on October 17, 18, 19, 20, 21, 1960 it
_,.
failed to assigned extra telegrapher N. Rvans to the
position of Agent at Evansville, Pennsylvania and
failed to call him for service on this position on'
October 22, 1960. .
3, Carrier shall be required to compensate J.. P. Kistler
in the amount of eight hours
pay
at the, rate of his .
regular position, from which suspended, .on October 17,
18, 19, 20, 21, 1960; and the difference between the
straight time ratle and the time and one-half rate of
the Agentts position, which he worked, on the same .
dates.
4, Carrier shall be required to compensate extra telegrapher
N. Evans in the amount of the difference'betfaeen the
rate of the Telegrapher-Clerk position and the Agent
position on October 17' 18, 19, 20, 21,'1960; and for
eight hours at the time and one-half rate of the Agent
position, on October 22, 1960,11
FINDINGS: Article 22 provides that regularly assigned employes
will not be required to perform service on other than ,
their regular positions except in emergencies. This is
inconsistent with
provisions of the Vacation Agreement
which comprehend the use of regularly assigned employes:
to fill positions of employes on vacation. Article 13'of
the Vacation Agreement provided a procedure for the resolution
of such differences by agreement and the interpretations of
the Vacation Agreement by Referee Morse pointed out the
necessity to use that procedure to resolve such inconsistencies.
,fare- 5-q / - ,awD z5 -
I
Board does not have the authority to modify
either agreement and, since this claim is supported by
Article',22, must sustain the claim.
AWARD: Claim sustained.'
/s/ John T.FinnaQan
JOHN T. FxNNEGAN
organization Member
PHILADELPHIA, PA.
JAN 10 1966
SPECIAL BOYRD Or ADJUSTMENT NO. 591',,
Wh 1i &
REM WF-IT
D'U5-- 11
LET F-, g. - !RNG, CHAIR14AN
Vc W.
/ yyW B . B~eelow
~/
. IGELOW
Carrier Member