NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
NORFOLK SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Norfolk Southern Railway that:
1. The Carrier violated the Agreement between the parties
when it permitted or required an employe not covered by the
Telegraphers' Agreement, and having no rights or seniority under
said agreement to transmit by telephone a report of record, from
New Bern, North Carolina to Raleigh, N. C. on April 29, 1958, at
a time when the Operator-Clerk was off duty.
2. Because of such violation the Carrier shall be required to
compensate Operator-Clerk A. H. Whitty in the amount of a "call"
(two hours at overtime rate), said Whitty being available for this
service.
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 was waived and under date of September 21, 1959, the
parties jointly addressed a formal communication to the Secretary of the
Third Division requesting withdrawal of this case, which request is hereby
granted.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of October, 1959.
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