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 and Western
Railroad, that:
(1) Carrier violated the Agreement between the parties when
it improperly used Towerman R. E. Moore off his third-shift assignment at East Buffalo Tower to perform vacation relief service on the
agent's position at Wayland, New York, during the period July 11
through 29; and
(2) Carrier shall now compensate Claimant Moore for eight (8)
hours at the pro-rata rate of his East Buffalo assignment for each
day July 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26 and 29, or
$211.56, because he was improperly suspended from his position. And,
in addition, Carrier shall compensate Claimant Moore an amount
equivalent to the difference between the time and one-half rate, and
the straight time rate allowed him, for services performed at Wayland, New York, on July 11, 12, 13. 14, 15, 18, 19, 20, 21, 22, 25, 26,
27 and 29 outside the hours of his regular assignment and on the rest
days thereof. Total amount due Claimant $330.23.
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 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.
[252]
Ssol-2
253
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.