ITEM ‑ 43

September 4, 1962 E‑013‑23‑81 C‑612

A claim was recently submitted because an extra conductor holding an assigned run as a brakeman had requested that he not be called for extra conductor's work, but subsequently before 30 days had elapsed requested he be called for such work. The ORC&B contended that under Rule 43 he should not have been called for such work until 30 days had elapsed.

The following question was submitted to the General Chairmen of the ORC&B and BofRT for their interpretation:

"There is no question that when an employe holding an assigned run as a brakeman furnishes a written request that he desires to perform service as an extra conductor, he must do so for a period of 30 days."

"The question has been raised that when such a brakeman, after protecting extra conductor's work in excess of 30 days, serves notice he no longer desires to protect extra conductor's work, must he subsequently serve a 30 day waiting period before he can again request extra conductor's works, or can he reinstate his request at any time?"

Acting General Chairman Lehman, ORC&B, replied as follows:

"It is the interpretation of the ORC&B that if a brakeman holding an assigned run furnishes a rewritten request that he desires to perform service as an extra conductor, he must do so for a period of 30 days."

"If or when he furnishes written statement that he no longer desires to perform service as an extra conductor, he cannot perform extra conductor's work for a period of 30 days, except that he will be permitted to fill vacancy in position of conductor on his own assignment, seniority permitting."

and General Chairman Janulewicz, BofRT, concurred in that interpretation.

You will therefore arrange to handle accordingly in the future if you are not already doing so.