NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
MISSOURI PACIFIC RAILROAD COMPANY-Gulf District
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Missouri Pacific Lines in Texas and
Louisiana, that:
(1) Carrier violated the current Telegraphers' Agreement
when the Star (*) Agency at Robstown, Texas was arbitrarily
and unilaterally reclassified from Star Agent (*) to Agent-Telegrapher without conference and agreement in violation of Rule 4
(c) and (d) of the current Telegraphers' Agreement.
(2) That Carrier now be required to restore to the coverage
of said Agreement, the position of Star (*) Agent at Robstown,
as into the Telegraphers' Agreement of March 1, 1952, and make
Telegrapher M. L. Wisner whole for any losses sustained plus actual
necessary expenses incurred due to position of first trick telegrapher
at Robstown being abolished when this illegal act of reclassification
without conference and agreement occurred on November 5, 1955,
said position being owned by Telegrapher M. L. Wisner.
(3) Any loss in earnings sustained by the employe who was
ultimately displaced because of such reclassification and exercise of
seniority, and that all displaced employes be made whole for any
earnings loss sustained, plus away-from-home expenses incurred as
the result of Carrier's violation of Rule 4, Sections (c) and (d)
of the Telegraphers' Agreement.
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 hearing thereon has been held and concluded. Under date of July
1, 1959, the parties jointly 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.
L7937
8876-2
794
AWARD
Claim 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.