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 Paul Warner, occupant
of Cycle Relief Position No. 15, 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 Paul Warner to work
Friday, May 10, 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 Paul Warner to suspend
work on Saturday, May 11 and Sunday May 12, 1957.
(4) The Carrier shall, because of the violations set forth above,
compensate Paul Warner as follows;
(a) The difference between the straight time rate paid
for work performed on Friday, May 10, 1957, and the time
and one-half rate due for work performed on his rest day,
less amount paid him.
(b) A day's pay at the straight time rate of the position
occupied for Saturday, May 11 and Sunday, May 12, 1957, less
amount paid him.
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
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8647-2
$21
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.
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.