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 the Agreement between the parties at
Chadwick, New York, when at 9:40 P.M., June 13, 1956, it required
or permitted an employe not covered by said Agreement to transmit
a message by telephone to Binghamton, New York, outside the assigned hours of the Agent-Operator at this station.
(2) The Carrier shall, because of such violation, compensate the
incumbent of the Agent-Operator's position at Chadwick, New York,
a call, two hours at the time and one-half rate ($6.22) of the position
occupied.
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.
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.
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