NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The Atchison, Topeka and Santa Fe Railway Company,
hereinafter referred to as the "Carrier", violated the currently
effective Agreement between the parties to this dispute, including
Article 11, Section 10-b, and Article IV, Sections 1-a and 1-b, when
on Wednesday, June 15, 1955, in its Chillicothe, Illinois train dispatching office, it failed to use the senior available extra and unassigned train dispatcher, or Claimant Mr. J. D. Hunter to fill a
temporary vacancy occurring on Position No. 1360 on the above
mentioned date. Instead, Carrier used permanently assigned Train
Dispatcher Mr. R. G. Buckingham in Carrier's Chillicothe, Illinois
train dispatching office to perform service on the temporary vacancy
occurring on Position No. 1360 on Wednesday, June 15, 1955,
a temporary vacancy Claimant J. D. Hunter was entitled to fill under provisions of the current Agreement at the rate of one and onehalf times the daily rate of Position No. 1360.
(b) Carrier shall now compensate extra and unassigned Train
Dispatcher J. D. Hunter in the amount of one day's salary at one and
one-half times the daily rate of Position No. 1360 for Wednesday,
June 15, 1955, upon which date he was deprived of work which
he was entitled to under the applicable provisions of the Agreement
between the parties.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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;
[7917
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That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
That hearing thereon has been held and concluded. Under dates of
July 2 and July 6, 1959 the parties 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.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 10th day of July, 1959.