Award No. 9359 Docket No. TE-10599 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

THE BALTIMORE AND OHIO RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Baltimore and Ohio Railroad, that:

1. Carrier violated the Agreement between the parties when on November 8, 10, and 15, 1956, it required or permitted the Crew Dispatcher at Rossford (Toledo, Ohio), an employe not covered by the Telegraphers' Agreement, to communicate direct with the train dispatcher at Deshler, Ohio by telephone and transmit and receive messages concerning the movement of trains.

2. Carrier shall compensate an idle telegrapher (extra in preference) for one day's pay (eight hours) on November 8, 10, 15, 1956 and all subsequent dates, on which a joint check of the records shows the Agreement to have been violated.

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 was waived and under date of March 31, 1960, 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