NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE PULLMAN COMPANY
THE ORDER OF RAILWAY CONDUCTORS, PULLMAN SYSTEM
STATEMENT OF CLAIM:
Local Chairman Paul Seeds of the Organization sets forth the following claim in a letter dated June 3, 1949, addressed
to District Superintendent L. L. Weinbrenner, Fort Worth District:
"I respectfully ask adjustment of the following complaint.
The following was my assignment May 23-1949:
_ 'Handle Line 3281 on Katy 25 to Waco, then handle line
3281 and extra cars on Katy 26 to Fort Worth, Time to be
shown as continuous.'
l,was instructed to show my time as continuous on my time
sheet and I wrote it as instructed, however this is in violation of
Rule 13 of the agreement between The Pullman Company and Conductors in the Service of The Pullman Company."
The Organization made this claim a part of a controversy concerning
changes in rules governing working conditions of Pullman conductors by
including it in the subject matter of a strike ballot distributed on March
18, 1950, by the Organization to Pullman conductors, as follows:
"Claim of the Order of Railway Conductors, Pullman System,
for and in behalf of Conductor Paul Seeds of the Fort Worth District in which we contend that Rules 13, 14, 22, and 23 of the Agreement between The Pullman Company and its Conductors were
violated when on May 23, 1949, he was given an assignment to
operate on MK&T Train 25 with reporting time 9:15 P. M., departing at 10:40 P. M., to handle Line 3281, Fort Worth to Waco, Texas,
and then handle Line 3281 and extra cars on MK&T Train 26 from
Waco to Fort Worth, and instructed to show his time as continuous.
Conductor Seeds has been credited and paid 11 hours. We
contend he should have been paid 7:30 hours, a minimum day, in
each direction, or a total of fifteen hours. We now ask that he be
credited and paid for four hours additional time.
The rules of the Agreement and National Railroad Adjustment
Board, Third Division, Award 4659 supports the employes' position."
The Pullman Company contends that Rule 13 is inapplicable and that
Rules 6, 14, 23 and 38 of the Agreement permit Management to couple extra
road service trips outbound and inbound on a continuous time basis when
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the terminals of the assignment are a district and an outlying point under
the jurisdiction of that district, for which service a conductor is entitled
to a minimum credit of 7:30 hours or actual hours worked in the event
the assignment exceeds a minimum day.
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 the complainant party; and
That no hearing thereon has been held, and under date of July 29, 1953,
the complainant party addressed a formal communication to the Secretary
of the Third Division requesting withdrawal of this case, which request is
hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 12th day of August, 1953.