Award No. 8170 Docket No. TE-9758

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD

COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Milwaukee, St. Paul and Pacific Railroad, that:

1. Carrier violated the agreement between the parties when at Melbourne, Iowa on July 9, 1956 it required or permitted Track Foreman L. Pauli, an employe not covered by the Agreement, to secure a train lineup direct from the train dispatcher at a time when the Agent-Telegrapher was off duty.

2. Carrier shall compensate J. R. Kerkove, Agent-Telegrapher, Melbourne, Iowa, for a minimum call of two hours 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 parts by the complainant party; and

That no hearing thereon has been held, and under date of December 6, 1957, 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