Award No. 7097 Docket No. TE-7326

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The Nashville, Chattanooga Rz St. Louis Railway that:

(a) The Carrier violated the provisions of the Agreement between the parties when it failed and refused to compensate Telegrapher W. C. Cooper on the basis of time and one-half, eight hours each day, for service performed December 22 and 23, 1952, account these two days being the rest days of the position which he had filled for the five days previous.

(b) The Carrier now be required to compensate W. C. Cooper for the difference between eight hours at straight time rate and eight hours at the time and one-half rate each day for the service performed on December 22 and 23, 1952.

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 July 23, 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