Award No. 9100

Docket No. TE-10688

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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 Telegraphers' Agreement when and because it permitted and/or required employes other than those covered by the Agreement to handle (copy and deliver) the following train orders when no emergency existed:

Number

Date Order Train Station Time Copied By

June 10, 1957 47 49 Carbonton 108pm Cox

July 4, 1957 49 48 Cummock 221pm Cox

Aug. 21, 1957 70 X1616 Overgrade 426pm Wedding

Sept. 2, 1957 41 49 Putnam 410pm Byrd

Sept. 12, 1957 38 98 Hinson 645am Stephenson

Sept. 13, 1957 30 63 Elizabeth City 403am Gibson

Sept. 27, 1957 62 X1610 Pinetown 1002am Teeter

Sept. 27, 1957 80 X1610 Waddill 209pm Gibson

Sept. 28, 1957 44 63 Waddill 840am Gregg

Oct. 3, 1957 85 49 Putnam 432pm Allen

Oct. 3, 1957 87 49 Putnam 435pm Allen

Oct. 4, 1957 78 X1610 Simpson 642pm Mims

2. As a consequence of said violations the Carrier shall now be required to compensate the senior, idle operator, extra in preference, for a minimum day's pay of eight hours for each day the above train orders were so handled at each of the points specified.

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 no hearing thereon has been held, and under date of October 26,
1959, the parties jointly addressed a formal communication to the Secretary

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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 23rd day of November, 1959.