NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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, at Luzerne, Pa., it requires or permits a Section Foreman and/or a Signal Maintainer, employes not covered by the Telegraphers' Agreement to receive a line-up of train movements over the telephone from the Operator at Plymouth Junction Tower.

(2) The Carrier shall, because of the violation set forth above, commencing March 25, 1957, and each day thereafter so long as the violation continues, pay to the senior idle Telegrapher, extra in preference, a day's pay at the minimum rate of the Division. The identification of Payee and amount of reparation due to be ascertained by a joint check of Carrier's records.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the carrier and the employe involved in this dispute are respectively carrier and employe 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 no hearing thereon has been held 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.

[300]