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
when, commencing Wednesday, March 27, 1957, and each Wednesday
thereafter, it suspended A. J. Lampron from his regular assigned
position, third shift towerman at West End Tower (Jersey City, New
Jersey), and required him to fill a temporary vacancy on the second
shift leverman's position at Grove Street Tower (Jersey City, New
Jersey), in the absence of an emergency.
(2) The Carrier shall, because of the violation set forth above,
pay A. J. Lampron a day's pay at the rate of his position for each
Wednesday he was suspended therefrom, as provided by Articles 11
and 24; plus a day's pay at time and one-half rate of the second shift
leverman's position at Grove Street Tower, less any amount paid for
such services, in accordance with the provisions of Articles 5 (a) and
15 of the parties' Agreement. A joint check of Carrier's records to be
made to determine the total compensation due Claimant.
FINDINGS: The Third Division of the Adjustment Board finds:
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, which request is hereby
granted.
[3C9]
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310
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.