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, Haven & Hartford Railroad, that:
1. The Carrier violated and continues to violate the terms
of the agreement between the parties when it permitted and/or
required and continues to permit and/or requires, employes not
subject to said agreement, by use of the telephone, to report (OS)
trains, obtain permission for trains to occupy and use main tracks,
within designated block limit territories, report the time that
trains clear such block limit territories, and copy train orders at
Plainfield, Connecticut, at a time when the agent-operator is available, but not on duty,
2. In consequence of these violations at Plainfield, Connecticut,
the Carrier shall compensate the incumbent of the agent-operator
position at that location in accordance with the "call" or overtime
rules, (Articles 6 and 7, prevailing agreement), each day, commencing June 21, 1954 that he was not used.
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 hearing thereon has been held and concluded. Under date 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.
[175]
8917-2
176
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 5th day of August, 1959.