NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY (Coast Lines)
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
of Railroad Telegraphers of the Atchison, Topeka and Santa Fe Railway that:
(a) the Carrier violated the Agreement between the parties
when, during the period May 20 through June 4, 1052, it required or
permitted the occupant of the first shift telegrapher-clerk position
at Victorville, California to suspend work on his own regularly assigned position in order to fill the position of agent (exclusive) at
that point, without properly filling said first shift telegrapher position;
(b) the Carrier further violated the agreement during the period
specified in paragraph (a) when it failed or refused to:
(1) permit the occupant of the second shift telegrapherclerk position to advance to first shift; the occupant of the
third shift telegrapher-clerk position to advance to the second
shift position; and the occupant of the rest day relief position to advance to the third shift telegrapher-clerk position;
and
(2) fill the rest day relief position-shift left vacantfrom the extra list, or by working the regular incumbents on
their rest days.
(c) The Carrier shall now be required to pay:
1. The occupant of the first shift telegrapher-clerk position
an amount equivalent to an additional day's pay during
the period of violation at the straight time rate of his
own position from which he was improperly suspended.
2. The occupant of the second shift telegrapher-clerk position an amount equivalent to an additional day's pay for
each work day during the period of the violation at the
straight time rate of the first shift telegrapher-clerk
position to which he was not permitted to advance.
3. The occupant of the third shift telegrapher-clerk position
an amount equivalent to an additional day's pay for each
work day during the period of the violation at the straight
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time rate of the second shift telegrapher-clerk position
to which he was not permitted to advance.
4. The occupant of the rest day relief position an amount
equivalent to an additional day's pay for each work day
during the period of the violation at the straight time
rate of the third shift telegrapher-clerk position to which
he was not permitted to advance.
5. The senior idle extra employe on the seniority district an
amount equivalent to a day's pay for each work day during the period of violation at the straight time rate of
the rest day relief position.
6. If no idle extra telegraphers, the regularly assigned occupants, except the regularly assigned occupant of first shift
telegrapher-clerk position, shall be paid for each of the
rest days of the positions to which they were entitled,
and not permitted to fill, at the time and one-half rate.
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 March 24, 1954,
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
31st day of March, 1954.