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 Co., that:
(1) H. A. Strait, who was regularly assigned to Relief Position
No. 7 effective March 14, 1956, but who was not permitted to assume
duties thereon, but was, instead, required by the Carrier to perform
emergency relief service at other location in violation of Article 16
paragraphs c-1 and c-2 of the Agreement between the parties.
(2) The Carrier shall, because of said violation, for a period of
sixty (60) days retroactive from .Tune 2, 1956, compensate Claimant
Strait for eight (8) hours at the rate of his regularly assigned position, except that for such work as he performed on Sunday and Monday, the assigned rest days of his position, lie (Strait) shall be paid
the time and one-half rate; and, in addition hereto, Claimant Strait
shall be paid under the provisions of Article 15 for any work performed by him on positions other than his regular assigned position,
with a joint check of Carrier's records to determine the amount due
Strait.
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 was waived and 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, which request is hereby granted.
[268]
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269
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.