Docket 33449 NATIONAL RAILROAD ADJUSTMENT BOARD FIRST DIVISION 39 South La Salle Street, Chicago 3, Illinois PARTIES TO DISPUTE BROTHERHOOD OF RAILROAD TRAINMEN THE NEW YORK CENTRAL RAILROAD (Eastern District) STATEMENT OF CLAIM: Claim of Hudson Division Conductor E. H. Smith for payment of 2616 miles at passenger conductor rates, when he was removed from his assignment on Trains 51 and 50 in through service, April 18, 19, 22, 23, 26, 27, 1953, account of an alleged improper bulletining of bid sheets." EMPLOYES' STATEMENT OF FACTS: At 4:45 P. M., March 26, 1953, Thursday, Crew Dispatcher Glazer posted an advertisement for second conductor on Trains 51 and 50. Bid Sheet was dated March 27, 1953 and scheduled to close on March 31, 1953. Conductor Smith bid for and was assigned to Trains 51 and 50, covering same April 6, 1953. Upon his return to his home terminal, he was notified that his assignment had been re-advertised. Protesting, he was told that it was at the request of Conductors Organization. Management, in disallowing the Trainmen's position, has consistently held that advertisement was not posted until late on the day of March 27 and consequently was not posted the required five days under the Conductors' contract. POSITION OF EMPLOYES: It is the position of the Committee that Conductor Smith is entitled to the time as claimed, in accordance with Articles II and 34 of the Conductors' Agreement. Schedule Article II of the Conductors' Agreement reads: "One hundred and fifty (150) miles or less (straight-away or turnaround) shall constitute a day's work. Miles in excess of 150 will be paid for at the mileage rates provided. A passenger day begins at the time of reporting for duty for the initial trip. Daily rates obtain until the miles made at the mileage rates exceed the daily minimum. Schedule Article 34 of the Conductors' Agreement reads: "(a) All vacant or new assignments shall be posted within 5 days on bulletin boards of the division or district on which they occur, home terminal to be designated, and bidding will close in 5 days after the assignment is posted. The senior applicant shall then be assigned within five days. If two or more assignments or vacancies are advertised at the same time, applicants may bid for one or all, stating their preference. After the time has expired on assignments which have been up for bids, the names of those assigned shall be promptly posted. Failure to bid for vacancies or new assignments, except to an advanced class, will not affect seniority, with the following exceptions: (1) On the Adirondack, Ottawa and River Divisions, passenger conductors may bid from passenger service to freight service or vice versa without loss of seniority. When bidding for passenger service, seniority as passenger conductor will govern, and when bidding for freight service, seniority as freight conductor will govern. (b) When conductors are required for passenger service, a notice shall be posted on proper bulletin boards, and senior bidder promoted, if he is able to pass the required examinations. (c) When it is necessary to increase the extra passenger lists, the positions shall be advertised on proper bulletin boards, and assignments made according to seniority. When it becomes necessary to reduce the force, men so affected will have displacement rights. This will not apply to men called or used in case of emergency. (d) On the St. Lawrence seniority district, and Fall Brook and Beech Creek Sub-Divisions, passenger conductors who are in freight service will not be required to leave their home terminal to accept passenger assignments at a foreign terminal, but will be required to accept passenger service at their home terminal, or forfeit their passenger seniority." It is the contention of the Committee that the posting of the bid was proper and had remained on the bulletin boards for five days, as per the O.R.C. Schedule. In support of this, quoted below is a letter from Conductor H. C. Hoch, member of Order of Railway Conductors, which states the bid was improperly dated when being posted by Crew Dispatcher Glazer: "G.C. Ter. Mr. H. Endy Local Chairman Metropolitan Lodge #598 Dear Sir & Brother: On March 26, 1953, Thursday afternoon around 4:45 P. M., I saw Chief Crew Dispatcher F. Glazer posting bids on Bulletin Board in Conductors' Room. I ask him what job he was posting. He informed me that the Hudson Division job on 51 & 50 Helper was due us for the next 4 months. I also noticed that he had the Bid dated incorrectly it read March 27, 1953. Hope that this information will aid you to straighten out the matter. Fraternally yours, /s/ H. C. Hoch Member Div. 54 O.R.C. Committee further contends that there was no complaint until a Junior man was assigned on March 31, and this was three days after Conductor Smith had been assigned by being the successful bidder. Copy of Bulletin Notice is shown below. As you will note Notice 74-A-ZP-39-C, dated March 27, 1953, shows that bids will be received Room 4944, G. C. T., until Mar. 31, 1953. You will also note that Notice 74-A-Z-P-40-C, dated March 31, 1953, shows 51-50 were awarded to Conductor E. H. Smith. Copies of Bulletin Notices read as follows: Bids will be received at the office of the Chief Crew Dispatcher F. Glazer, Room 4944, G.C.T. 10:00 AM March 31, 1953 for the following run. TRAINS AND TIMES PLACE OF POSITION SECOND CONDUCTOR RUN "THE NEW YORK CENTRAL RAILROAD COMPANY HUDSON DIVISION ROOM 4944, G.C.T. N.Y. March 31, 1953 NEW Notice 74-A-ZP-40-C To all concerned: The run advertised in Notice 74-A-ZP-39-C dated March 27, 1953 is awarded as follows: As you will note from Conductor H. C. Hoch letter to Local Chairman Endy, the Notice 74-A-ZP-39-C should have shown a date of March 26, 1953. |