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
on January 3. 1957, it required or permitted train service employes
not covered by said agreement to handle (receive, copy and deliver)
train orders at Mount Pocono, Pa., (a closed office) in the absence
of an emergency.
2. Carrier shall, because of
the violation
set forth above, compensate the senior idle telegrapher, extra in preference, a day's pay
($16.69). The name of payee to be determined by a joint check of
Carrier's records.
3. Carrier violated the agreement between the parties when it
failed or refused to properly compensate Agent-Operator L. F. Learn,
Pocono Summit, Pa., for train orders handled (receive, copy and
deliver) by train service employes at a time when he was off duty
but available for call.
4. Carrier shall, in addition to the call paid, pay L. F. Learn an
additional call in accordance with the provisions of Articles 3 and
5 (a) of the Agreement.
5. Carrier's declination of the claim prior to conference was
improper and in violation of the Railway Labor Act and Article V,
paragraphs (a) and (b) of the August 21, 1954 Agreement, and
therefore claim should be allowed as presented.
FINDINGS: The Third Division of the Adjustment Board, upon
the
whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the
Railway Labor Act,
as approved June 21, 1934;
[286]
8625-2
2$ j
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by the complainant party; and
That hearing thereon was waived by the parties 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 from further consideration by the Division, 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.