NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

THE DELAWARE, LACKAWANNA AND WESTERN

RAILROAD COMPANY

STATEMENT OF CLAIM:

CLAIM NO. I

Carrier violated the terms of the Telegraphers' Agreement when and because it blanked both the second trick and third trick, seven-day operator positions at B&O Junction December 25, 1954, January 1, 1955, May 30, 1955, July 4, 1955 and subsequent holidays; in consequence thereof the incumbents of the positions on said holidays shall be additionally paid eight (8) hours at time and one-half rate.

CLAIM NO. 2

Carrier violated the terms of the Telegraphers' Agreement and disregarded its advertising bulletins when and because it blanked the first trick seven-day position, the second trick six-day position and the third trick fiveday position at Jamesville May 30, 1955 and on subsequent holidays; in consequence thereof the incumbents of the positions on said holidays shall be additionally paid eight (8) hours at 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 hearing thereon has been held and concluded. Under date of De. cember 5, 1958, 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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