Award No. 1919 Docket No. TE-1947

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

THE ATCHISON, TOPEKA & SANTA FE RAILWAY

COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers, Atchison, Topeka & Santa Fe Railway Company, that the employe covered by the Telegraphers' Agreement, at each Anaheim, Claremont, Pasadena and Upland, whose assigned hours began or ended nearest to the time of the transaction, is entitled to and shall be compensated under the provisions of the Call and Overtime rules of said Agreement on each of the following occasions:

(a) July 29, 1940, when train order No. 540 was copied by Conductor Cooksey in charge of Extra 1990, 11:29 P. M., at Anaheim, a station at which a telegrapher is employed.

(b) August 22, 1940, 11:28 P. M., when train order No. 216 was copied at Claremont, a station at which a telegrapher is employed by Conductor Beebe in charge of Extra 1986.

(c) August 24, 1940, time unknown, when train order No. 55 was copied at Pasadena, a station at which a telegrapher is employed, by Engineer Ochoa in charge of Engine 3738.

(d) September 10, 1940, 12:13 A. M., when train order No. 170 was copied at Upland, a station at which a telegrapher is employed, by Conductor Beebe in charge of Extra 3154.

FINDINGS: The Third Division of the Adjustment Board finds:

That the dispute was certified to the Third Division of the Adjustment Board ex parte by complainant party; and

That no hearing thereon has been held, and under date of September 3, 1942, the complainant party addressed a formal communication to the Secretary of the Third Division withdrawing this case.

AWARD