NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
- ST. LOUIS SOUTHWESTERN RAILWAY
COMPANY OF TEXAS
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the St. Louis Southwestern Railway; St.
Louis Southwestern Railway of Texas, that the Carrier violated the Scope
and other rules of the prevailing Telegraphers' Agreement:
(a) When and because, during the period September 1, 1949
to January 12, 1953, it failed or refused to establish a regular relief
assignment to cover the rest day each week on the McGregor, Texas
six-day agency position; or, to use an extra employe; or, to permit
the regular occupant thereof to fill his position on such rest day, but,
instead required said occupant to suspend work during regular hours,
while it turned the station, duties and responsibilities of agent, over
to an employe of another craft holding no seniority or other rights
under the Telegraphers' Agreement, to be handled by him in the name
of the absent agent on each Saturday rest day of the agent, commencing with Saturday, September 3 1949, and on each succeeding
Saturday thereafter until and including January 12 1953; after
which latter date it established a relief position and assigned an
employe under the Telegraphers' Agreement to cover the one rest
day each week on this six-day agency position, as required by the
Agreement; and
(b) In consequence of Carrier's action in thus violating the
terms of the Agreement, the occupant of the McGregor agency position, who had a prior right to fill his position under the circumstances,
and who was available to fill it, shall be reimbursed an amount equal
to a day's (eight hours) pay at time and one-half rate-the exact
amount he lost-for each of the 176 Saturday rest days on which he
was required to suspend work while the Carrier turned the operation
of the station over to an employe of another craft or class."
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 hearing thereon has been held and concluded. Under date of December 10, 1954, the parties jointly addressed a formal communication to
[5367
6838-2
531
the Secretary of the Third Division requesting withdrawal of this case from
further consideration by the Division, 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 19th day of January, 1955.