NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE DELAWARE, LACKAWANNA AND WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on The Delaware, Lackawanna and Western
Railroad, that:
1. That Carrier violated the Agreement between the parties
when beginning on May 1, 1938, it abolished three (3) telegraphers'
positions at Elmira Yard Office, New York, without, in fact, abolishing the work, instead, transferring same to crew callers; and
2. As a consequence of the violation. Carrier be required to pay
(a) Each of the three (3) senior idle extra employes a day's
pay for each day of the violation commencing May 1, 1938, continuing
through April
30, 1945; and
(b) Each of the three (3) senior idle employes (extra preferred) a day's pay for each day of the violation commencing March
1, 1945, and thereafter as long as the violation continues.
3. The identity of the individuals entitled to receive payment to be determined by a joint check of the Carrier's records.
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 December 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.
[246]
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247
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 18th day of December, 1958.