NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The Grand Trunk Western Railroad Company, sometimes
hereinafter referred to as "the Carrier," failed to comply with the
requirements of Article 2(a) and (b), Article 3(a)-2 and (b) and
Article 6(b) of the currently effective Agreement between the parties
when it failed and refused to properly compensate Train Dispatcher
H. K Mann of its Battle Creek, Michigan train dispatching office at
the time and one-half rate for service as assistant chief train dispatcher in excess of eight hours and during his assigned rest days
on August 7 and 8, 1953, and at the time and one-half rate for overtime
service as assistant chief train dispatcher on August 9 and 10, 1953,
and in improperly computing the daily rate on a basis of a basis of
a 313 divisor instead of the 261 divisor required by Article 6(b).
(b) The Carrier shall now pay to Train Dispatcher H. K. Mann
the difference between what it did pay him for service on the aforementioned dates and the amounts to which he was entitled for service
as assistant chief train dispatcher on his assigned rest days in accordance with Article 3(a)-2 and (b) and for overtime service in
accordance with Article 2(a) and (b), all such payments to be computed in accordance with the provisions of Article 6(b) applied to the
monthly rate for assistant chief train dispatchers.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
That hearing thereon has been held and concluded. Under date of October
26, 1954, the parties jointly addressed a formal communication to the Secretary of the Third Division, requesting withdrawal of this case from further
consideration by the Division, which request is hereby granted.
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AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 5th day of November, 1954.