NATIONAL RAILROAD ADJUSTMENT BOARD
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:
Claim No. 1
1. Carrier violated the agreement between the parties when
it failed and refused to compensate Miss M. W. Flannery at the
rate of time and one-half on December 31, 1956, the seventh day
of her work week after having completed forty hours in her work
week.
2. Carrier shall compensate Miss M. W. Flannery the difference between eight hours at pro rata and eight hours at the rate of
time and one-half for the services performed on December 31, 1956.
Claim No. 2
1. Carrier violated the agreement between the parties when
it failed and refused to compensate E. J. Nieckarz at the rate of
time and one-half on December 31, 1956, the sixth day of his work
week after having completed forty hours in his work week. Carrier
further violated the agreement when it required or permitted Mrs.
A. Spencer on January 2, 1957 to suspend work.
2. Carrier shall compensate E. J. Nieckarz the difference between eight hours at pro rata and eight hours at the rate of time
and one-half for services performed on December 31, 1956 and
compensate Mrs. A. Spencer for eight hours at pro rata on January
2, 1957 because not used to perform service to which entitled.
Claim No. 3
1. Carrier violated the agreement between the parties when
it required or permitted C. French on December 31, 1956 to suspend
work. Carrier further violated the agreement when it failed and
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refused to compensate C. French at the rate of time and one-half on
January 2, 1957 the seventh day of his work week.
2. Carrier shall compensate C. French for eight hours at
pro rata on December 31, 1956 because not used to perform service
to which entitled and the difference between eight hours at pro
rata and eight hours at the rate of time and one-half on January
2, 1957 for services performed.
Claim No. 4
1. Carrier violated the agreement between the parties when
it failed and refused to compensate A. J. Barkauskas at the rate
of time and one-half on March 5 and 6, 1957 the sixth and seventh
days of his work week. Carrier further violated the agreement
when it required or permitted A. J. Barkauskas on March 7 and 8,
1957 to suspend work.
2. Carrier shall compensate A. J. Barkauskas the difference
between eight hours at pro rata and eight hours at the rate of
time and one-half on March 5 and 6, 1957 for services performed and
for eight hours at pro rata on March 7 and 8, 1957 because not used
to perform service to which entitled.
Claim
No. S
1. Carrier violated the agreement between the parties when
it required or permitted G.
w.
Wheeler on March 6, 1957 to suspend
work. Carrier further violated the agreement when it failed and
refused to compensate G. W. Wheeler at the time and one-half
rate on March 8, 1957 the seventh day of his workweek.
2. Carrier shall compensate G. W. Wheeler for eight hours
at pro rata on March 6, 1957 because not used to perform service
to which entitled and the difference between eight hours at pro rata
and eight hours at the rate of time and one-half on March 8, 1957 for
service performed.
Claim
No. 6
1. Carrier violated the agreement between the parties when
it failed and refused to compensate W. Callan at the rate of time
and one-half on March 13 and 14, 1957, the sixth and seventh days
of his work week. Carrier further violated the agreement when
it required or permitted W. Callan on March 15 and 16, 1957 to
suspend work.
2. Carrier shall compensate W. Callan the difference between
eight hours at pro rata and eight hours at the rate of time and onehalf on March 13 and on March 14, 1957 for services performed
and for eight hours at pro rata on March 15 and on March 16 because
not used to perform service to which entitled.
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
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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.
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.