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) The Carrier violated and continues to violate the Agreement
between the parties when, commencing at 8:05 A.M., Tuesday, March
13, 1956, it removed from service the interlocking Tower at Paterson
Junction, New Jersey, transferred the work of operating interlocked
switches, derails and signals, formerly operated by employes covered
by the Telegraphers' Agreement from Paterson Junction Tower, to
employes outside the Agreement in the Train Dispatcher's Office at
Hoboken, New Jersey, who now perform this work by remote control
operation.
(2) The Carrier shall now be required to pay each of the
three (3) senior idle employes, extra in preference, under the Telegraphers' Agreement, eight (8) hours pay for each day (3 eight hour
shifts) commencing with Tuesday, March 13, 1956, and thereafter so
long as the violation continues to exist.
(3) The 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 thereof 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 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 ease from further consideration by the Division, which request is hereby granted.
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AWARD
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.