NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE DELAWARE, LACKAWANNA AND WESTERN
RAILROAD COMPANY
STATEMENT OF CLAM:
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 on
February 5, 1956, it required or permitted an employe not covered
by the agreement to handle (receive, copy and deliver) a train order
at Millington, New Jersey, at a time when the regularly assigned
agent-operator was off duty but available for call.
2) Carrier shall compensate B. L. Richardson, agent-operator,
Millington, for one call under Articles 3 and 5(a) of the agreement.
3) Carrier's declination of the claim prior to the conference was
improper and in violation of the Railway Labor Act and Article V,
paragraphs (a) and (b) of the August 21, 1954 Agreement, and in
consequence claim shall be allowed as presented.
FINDINGS: The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex pane 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
t
Case -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.
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