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 parties' Agreement when in changing the rest days and thus the work week of L. Decker, third shift
towerman, Stroudsburg, Pennsylvania, it required him to work on
Thursday, May 9, 1957, a rest day of the position occupied, for which
he received pay at the pro rata rate, and,
2. The Carrier further violated the parties' Agreement when,
in changing said rest days, it required L. Decker to suspend work on
Tuesday, May 7, 1957.
3. The Carrier shall, because of the violations set forth above,
compensate L. Decker as follows:
(a) The difference between the straight time rate paid
for work performed on Thursday, May 9, 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 7, 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
the Third Division requesting withdrawal of this case, which request is hereby
granted.
[322]
8648-z
323
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.