NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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 & Western Railroad,
that:
1. The Carrier violated Article 18(a) of the Agreement between
the parties when on April 2, 1955, it used a junior extra employe,
J. R. Canfield, on the first shift towerman's position at Montclair
Tower, assigned hours 6:00 A.M. to 2:00 P.M., when a senior extra
employe, E. A. Evans, was available.
2. As a result of this violation, J. R. Canfield was deprived of
filling the first shift at Grove Street Tower, assigned hours 7:30 A.M.
to 3:30 P.M., from April 2 to 13, inclusive, and
3. The Carrier shall now compensate J. R. Canfield for work
denied on the following bases:
(a) April 2, 3, 4, 5-32 hours at the Grove Street Tower,
rate of $2.051 or $65.63.
(b) April 6-8 hours at West End, rate of $2.045 or
$16.36.
(c) April 9, 10, 11, 12-32 hours at Grove Street Tower,
rate of $2.051 or $65.63.
(d) April 13-8 hours at West End Tower, rate of
$2.045 or $16.36.
(e) Eight (8) hours at the time and one-half rate for
service performed on the assigned rest days of Relief Position
No. 6; and/or any other position on which rest day service
was performed on April 7, 8, 14 and 15, and
(f) For eight (8) hours pay at the time and one-half
rate for service performed outside the hours of assignment on
Relief Position No. 6 between the dates of April 2 and 13,
inclusive.
[2491
8599-2
250
4. Compensation paid by the Carrier to Mr. Canfield for work
performed during the period covered by the claim may be used to
reduce the compensation due Mr. Canfield as a result of this claim.
The amount due Mr. Canfield to be ascertained by a joint check of
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.
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.