NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

ATLANTA & WEST POINT RAIL ROAD-THE WESTERN

RAILWAY OF ALABAMA

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Atlanta & West Point Railroad, that:

1. Carrier violated the terms of the Agreement between the parties when on January 2 and February 22, 1956, it failed to compensate H. M. Pittman for eight (8) hours at the straight time rate, and

2. Carrier shall now compensate H. M. Pittman for eight (8) hours at the straight time rate for January 2 and February 22, 1956.

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.

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 Employe involved in this dispute are respectively Carrier and Employe 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.

[7267