NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Missouri Pacific Railroad that:
1. Carrier violated the Agreement in effect between the
parties when it declined and refused to permit Telegrapher O, E.'
Cunningham to exercise his seniority rights and displace Agent
Telegrapher E. G. Perryman at Avondale, Colorado.
2. Carrier shall compensate Telegrapher O. E. Cunningham,
beginning with July 15, 1957 and continuing for each work day
of the Agent-Telegrapher position at Avondale, Colorado, until
he is placed on the position at the difference between what he
will be paid while held off his rightful position and what he would
have earned on the Avondale position to which his seniority entitled
him. In addition to this difference in pay, Carrier will also pay
Telegrapher Cunningham a sum equal to all the necessary expenses incurred by him while working away from the position
he is entitled to work, including any expense incurred while
traveling to and from his home at Avondale, Colorado on his rest
days or any other day.
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 the hearing was waived and under date of December 31, 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 11th day of January, 1960.
17871