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:
1. The Carrier violated the parties' agreement when in changing the rest days and thus the work week of D. A. Molyneaux, secondshift towerman at Tobyhanna Tower (Pa.), it failed to give the
required 72 hours' notice as provided by Article 8 Section 1(L) of said
Agreement.
2. The Carrier further violated the parties' agreement when, due
to said change of rest days, it required D. A. Molyneaux to work Wednesday, May 8, 1957, a rest day of the position occupied, for which he
received pay at the pro-rata rate, and
3. The Carrier additionally violated the parties' agreement when
in changing said rest days, it required D. A. Molyneaux to suspend
work on Monday, May 6, 1957.
4. The Carrier shall, because of the violations set forth above,
compensate D. A. Molyneaux as follows:
(a) The difference between the straight time rate paid
for work performed on Wednesday, May 8, 1957, and the time
and one-half rate due for work performed on his rest day.
(b) A day's pay at the straight time rate of the position
occupied for Monday, May 6, 1957.
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 no hearing thereon has been held,
and under date of December 5,
1958, the parties jointly addressed a formal communication to the Secretary of
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the Third Division requesting withdrawal of this case, which request is hereby
granted.
s'. 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.