NATIONAL RAILROAD ADJUSTMENT BOARD
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:
Claim No. 1:
(1) The Carrier violated the Agreement between the parties when, in changing the rest days and thus the work
week of W. C. Hagen, second shift, Plymouth Junction Tower, it
required him to work on Monday, February 25, 1957, a rest day of the
position occupied, for which he received pay at the pro-rata rate.
(2) The Carrier shall, because of the violation set forth above,
compensate W. C. Hagen the difference between the straight time
rate paid, and the time and one-half rate due for work performed on
his assigned rest day.
Claim No.
2: (1) The Carrier violated the Agreement between
the parties when, in changing the rest days and thus the work week
of R. Pascoe, Second Shift, Bridge 60 Tower, Scranton, it required
him to work on Wednesday, February 27, 1957, a rest day of the
position occupied, for which he received pay at pro-rata rate.
(2) The Carrier shall, because of the violation set forth above,
compensate R. Pascoe, the difference between the straight time rate
paid and the time and one-half rate due for work performed on his
assigned rest day.
Claim No. 3:
(1) The Carrier violated the Agreement between
the parties when, in changing the rest days and thus the work week
of P. J. Gillespie, third shift, Bridge 60 Tower, Scranton, Pa., it
suspended him from work on Wednesday, February 27, 1957.
(2) The Carrier shall, because of the violation set forth above,
compensate P. J. Gillespie, a day's pay ($18.128) account not permitted to work on said date, a work day of his position.
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FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and 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;
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 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 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.