NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Atlantic Coast Line Railroad, that:
(1) Carrier violated the agreement when it failed and refused
to compensate R. N. Mathis, Jr., for 8 hours at the straight time
rate of the position to which he was assigned (Junction City, Georgia)
for July 4, 1955.
(2) Carrier violated the agreement when it failed and refused to compensate R. L. Mehaffey for 8 hours at the straight
time rate of the position to which assigned (Douglas, Georgia) for
November 24, 1955.
(3) Carrier violated the agreement when it failed and refused to compensate C. M. Rogers for 8 hours at the straight time
rate of the position to which assigned (Bessemer, Alabama) for
September 5, 1955.
(4) Carrier violated the agreement when it failed and refused to compensate T. Moss for 8 hours at the straight time rate
of the position to which assigned ("RY" Yard, Rocky Mount,
N. C.) for November 25, 1954.
(5) Carrier violated the agreement when it failed and refused to compensate W. M. Bracey for 8 hours at the straight time
rate of the positions to which assigned on May 31, 1955 (Delco,
N. C.); September 6, 1955 (Smith Creek Yard, N. C.); December
25, 1955 (Smith Creek Yard, N. C.).
(6) Carrier shall be required to compensate R. N. Mathis,
Jr.; R. L. Mehaffey; C. M. Rogers; T. Moss and W. M. Bracey for
8 hours at the straight time rate for the positions occupied on the
foregoing dates in addition to any compensation previously paid for
services rendered on such dates.
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 denied.
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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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of October, 1960.