NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE NEW YORK CENTRAL RAILROAD COMPANY
(Line West)
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the New York Central Railroad (Line
West of Buffalo), that:
(a) The Carrier violated the provisions of the Agreement
between the parties hereto, when it failed and refused to compensate
F. L. McNally at the rate of time and one-half for work performed
Sunday, September 14, 1952, on second shift at Morocco, Indiana,
after having completed his full work week of forty hours.
(b) Telegrapher F. L. McNally shall be paid the difference
between the straight time rate which he was paid and the rate of
time and one-half to which he was entitled under the provisions of
the Agreement between the parties, for work performed on the
seventh day of his work week, September 14, 1952.
(c) The Carrier violated the provisions of the Agreement when
it forced L. B. Hunter to remain idle on Sunday, September 14, 1952,
account being improperly relieved by F. L. McNally.
(d) Telegrapher L. B. Hunter shall now be paid eight hours at
the rate of time and one-half for September 14, 1952, because not
used instead of telegrapher McNally.
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 June 24,
1955, 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.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 15th day of July, 1955.
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