NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on The New York, New Haven and Hartford
Railroad that the Carrier violated the terms of the agreement between the
parties to this dispute when:
1. (a) It failed and refused to properly compensate T. D.
Mooney at the overtime rate, instead of the straight time rate,
for the normal rest days of his regular assignment, which days he
was required to work off his regular assignment.
(b) It required the said T. D. Mooney to suspend work on
certain days which were the normal work days of his regular assignment.
2. The Carrier shall compensate Claimant T. D. Mooney the
difference between the straight time paid and the time and one-half
rate due on a day-to-day basis for January 2, 3, 9, 10, 16 and 17,
1955, the same dates being the normal rest days of his regular assignment, and which he was required to work off his regular assignment.
3. The Carrier shall also compensate Claimant T. D. Mooney
at the pro rata straight time rate on a day-to-day basis for the dates
of January 4, 5, 11, 12, 18 and 19, 1955, the same dates being
normal work days of his regular assignment on which he was required to suspend work.
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 (late of
July 14, 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.
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AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 6th day of August, 1969.