Imágenes de páginas
PDF
EPUB

Interborough Rapid Transit Company. - Violation of Eight Hour

Law.

Complaint Order No. 37, issued October 11, 1907, p. 700, 1907 Rep.
Hearing Order No. 59, issued October 30, 1907, p. 715, 1907 Rep.
Opinion of Commissioner Eustis.
Dismissal Order No. 112, issued November 27, 1907, p. 729, 1907 Rep.

*[The towermen employed by the Interborough Rapid Transit Company are not within the provisions of L. 1907, Ch. 627.]

L. 1907, Ch. 027 is in part as follows:

"§ 7-a. Regulation of hours of labor of block system telegraph and telephone operators and signalmen on surface, subway and elevated railroads. The provisions of section seven of this chapter shall not be applicable to employees mentioned herein. It shall be unlawful for any corporation or receiver, operating a line of railroad, either surface, subway or elevated, in whole or in part, in the state of New York, or any officer, agent or representative of such corporation or receiver to require or permit any telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed the block sys

(defined as follows) : Reporting trains to another office or offices or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines or train dispatchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or report. ing trains or receiving or transmitting train orders as interpreted in this section, ' to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid.

Complaint was made to the Commission that certain towermen were working more than eight hours a day in violation of this law.

tem'

OPINION OF COMMISSION.

(Adopted November 27, 1907.) COMMISSIONER EUSTIS :

“ In the case of the trial coming on upon the complaint of Grant Smith against the Interborough Rapid Transit Company, I wish to read the following decision :

The questions of fact and law arising upon the complaint and answer herein having come on for trial before me, I find that the questions of fact alleged in the complaint have been sustained. In fact, the defendant's chief witness conceded that several of the employees worked the number of hours specified in the complaint.

This complaint was made under chapter 627 of the Laws of 1907, which went into effect on the first day of October, and it seems to have been passed for the purpose of protecting the public from the danger that arises from telegraph and telephone operators, who operate switches, being overworked. The men complained of by the complainant are tower switchmen, but the evidence shows that they are not telegraph or telephone operators in any sense in connection with their regular work as switchmen. The proof is not clear that they all have even telephones in their booths, but they probably do, as the general manager of the road said it was the intention of the management to have telephones in all such places, so that in case of emergency the men could be reached, or the men could reach other officers of the road without leaving their station.

The only way that this Commission could hold the defendant guilty of violation of this law would be to say that the towerman employed by them at the various towers, designated in the complaint, are telegraph or telephone levermen, and as the evidence was very clear that they did not use the telegraph or telephone in any manner in connection with their work, it would be a forced construction, and as this is a penal statute, it should be construed literally, and I am therefore of the opinion that the complaint herein should be dismissed."

An order for dismissal was thereupon presented by Commissioner Eustis and adopted by the Commission.

* See footnote, page 9.

Brooklyn Heights Railroad Company and Brooklyn Union Ele

vated Railroad Company. Increase of service on Jamaica

avenue line and on Lexington avenue line. Hearing Order No. 38, issued October 11, 1907, p. 700, 1907 Rep. Final Order No. 99, issued November 18, 1907, p. 724, 1907 Rep. Final Order No. 165, issued December 20, 1907, p. 747, 1907 Rep. ('ase not closed in 1907, see page 413 herein.

Brooklyn Heights Railroad Company - Improper maintenance

of stringers and ties on Brooklyn bridge. Complaint Order No. 39, issued Oetober 11, 1907, p. 700, 1907 Rep.

Brooklyn Heights Railroad Company.- Repair of switches, curves

and cross-overs.

Complaint Order No. 40, issued October 11, 1907, p. 700, 1907 Rep.

New York and Harlem Railroad Company; New York Central.

and Hudson River Railroad Company.-Construction of loop

at Grand Central station. Complaint Order No. 41, issued October 10, 1907, p. 700, 1907 Rep.

1

Nassau Electric Railroad Company; Sea Beach Railway Com

pany - Failure to issue transfers at Bay Ridge avenue and

Fifth avenue, Brooklyn.
Complaint Order No. 42, issued October 21, 1907, p. 701, 1907 Rep.

[blocks in formation]

Brooklyn Heights Railroad Company.- Establishment of trolley

station on Flatbush avenue, between Dorchester and Cortel

you roads.

Complaint Order No. 47, issued October 25, 1907, p. 708, 1907 Rep. Letter received from Company stating that arrangements for establishment of station had been made.

Brooklyn Heights Railroad Company and Brooklyn Union Ele

vated Railroad Company.- Superintendent of operation of

trains on Brooklyn bridge. Hearing Order No. 48, issued October 25, 1907, p. 708, 1907 Rep. Opinion of Commissioner Bassett.

OPINION OF COMMISSION.

(Adopted December 11, 1907.) COMMISSIONER BASSETT :

On October 25, 1907, the Commission appointed the undersigned to conduct a hearing on the question of the need of a superintendent at the Brooklyn Bridge terminals under Order No. 48. After hearing the evidence given by the inspectors of the Public Service Commission and by the Brooklyn Union Elevated Railroad Company, I find that the facts are substantially as follows:

That a person performing the duties of superintendent is now in charge, and there is a system of communication between him and the other employees at tho terminals. That a somewhat intricate system exists for communicating from one part of the station to another, and that the main need in rush hours is that announcements from time to time should be made. The operating company, pending the course of this hearing, have perfected a method of making announcements and intend to place one or two more men at the bridge terminals for the purpose of assisting in the handling of crowds especially in times of accidents. I hesitate to advise an order that a specific man shall be put on duty with specific duties regarding this intricate situation. The purpose of the hearing was more to investigate possibilities of improvement, and as the company has already made progress in this direction, I recommend that no final order be made against the operating company in this behalf. As the investigation began in our Commission it is not necessary that any order of dismissal should be made.

Brooklyn Union Elevated Railroad Company-Operation of

trains on Saturday afternoons over Brooklyn Bridge. Complaint Order No. 49, issued October 25, 1907, p. 708, 1907 Rep.

Order No. 50. (See Order No. 26, page 20 herein.)

Nassau Electric Railroad Company.-Inadequate service on

Fifth avenue surface line, Brooklyn. Complaint Order No. 51, issued October 25, 1907, p. 710, 1907 Rep.

[blocks in formation]

Railroad Corporations.-Filing of tariff schedules.

Filing Order No. 53, issued October 28, 1907, p. 713, 1907 Rep.

Express Corporations, Joint Stock Associations, Firms and Indi

viduals Doing Express Business. Filing of tariff schedules. Filing Order No. 54, issued October 24, 1907, p. 714, 1907 Rep.

Brooklyn Heights Railroad Company.- Excessive speed, Flat

bush avenue hill. Complaint Order No. 55, issued October 28, 1907, p. 715, 1907 Rep.

Brooklyn Union Elevated Railroad Company.- Inadequate ser

vice on Culver line to points beyond Kensington. Complaint Order No. 56, issued October 28, 1907, p. 715, 1907 Rep.

[blocks in formation]

Brooklyn Heights Railroad Company - Improper use of “T”

rail on Brighton Beach division, at Avenue C. Complaint Order No. 61, issued October 30, 1907, p. 718, 1907 Rep.

[blocks in formation]

Brooklyn Union Elevated Railroad Company. - Dripping water,

terminal of• Brooklyn Bridge at Sands street. Complaint Order No. 6242, issued November 1, 1907, p. 718, 1907 Rep.

Letter received from Company explaining that matter complained of had been called to attention of Department of Bridges.

[blocks in formation]

Brooklyn Union Elevated Railroad Company.- Defective condi

tion of ties and guard rails on Brooklyn Bridge. Complaint Order No. 6314, issued November 1, 1907, p. 718, 1907 Rep.

Coney Island and Brooklyn Railroad Company - Defective equip

ment on Smith street line.
Complaint Order No. 64, issued November 4, 1907, p. 718, 1907 Rep.
Hearing Order No. 104, issued November 20, 1907, p. 726, 1907 Rep.
Final Order No. 164, issued December 20, 1907, p. 746, 1907 Rep.
Case not closed in 1907; see page 587 herein.

Brooklyn Union Elevated Railroad Company - Overloading

trains on Sundays, Lexington avenue and Ridgewood lines. Complaint Order No. 65, issued November 4, 1907, p. 718, 1907 Rep.

Brooklyn Union Elevated Railroad Company.- Enlargement of

Cypress Hills station.
Hearing Order No. 66, issued November 4, 1907, p. 718, 1907 Rep.
Case not closed in 1907; see page 639 herein.

New York City Interborough Railway Company.- Inadequate

shelter at 181st street and St. Nicholas avenue and speed of

cars crossing Washington bridge.
Complaint Order No. 07, issued November 6, 1907, p. 718, 1907 Rep.
Hearing Order No. 101, issued November 20, 1907, p. 726, 1907 Rep.
Final Order No. 183, issued December 31, 1907, p. 767, 1907 Rep.
Case not closed in 1907; see page 663 herein.

Brooklyn Union Elevated Railroad Company.- Transfers at Cy

press Hills station. Complaint Order No. 68, issued November 6, 1907, p. 719, 1907 Rep. Case not closed in 1907; see page 639 herein.

Brooklyn Heights Railroad Company.- Careless operation of sur

face cars at Manhattan terminal of Brooklyn bridge. Complaint Order No. 69, issued November 6, 1907, p. 719, 1907 Rep.

« AnteriorContinuar »