Award No. 9591 Docket No. TE-8508 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Norfolk Southern Railway that:

The Carrier failed and refused to properly compensate AgentOperator O. B. Moore for services performed at Marsden, North Carolina, on Sunday, February 20, 1955, his rest day; and that the Carrier shall now be required to pay him for a minimum basic day at time and one-half rate less 2 hours and 15 minutes at time and one half rate which was allowed.

OPINION OF BOARD: Under the particular circumstances of this case and without construing the involved rules as they might apply to any other situation, claim is sustained.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the claim will be disposed of in accordance with the Opinion.

AWARD