Award No. 10135
Docket No. SG-9993
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Chicago, Rock Island
and Pacific Railroad Company:
(a) The Carrier violated the Signalmen's Agreement (particularly paragraphs (b) and (m) of the Scope Rule, Rules 12, 19, and
others) on September 4, 5, 7, 10, 11, 12, and 13, 1956, when it failed
or refused to call and use Signal Maintainer Wesley Cappel, with
headquarters at Meknes, Illinois, for overtime work of one hour on
each of the above-listed dates to perform the necessary signal work
of protecting the crossing protection devices, removing track bonds,
parkway outlet box (bootleg) wires, and the performance of other
signal work on appurtenances and appliances that were located on his
assigned territory.
(b) Signal Maintainer Wesley Cappel now be paid one (1) hour
at his respective punitive rate of pay as compensation for the services
he was deprived of and which work was assigned to other employes,
on each of the dates listed in part (a) of this claim, totaling eight
(8) hours.
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 employe involved in this dispute are respectively
carrier and employe within the meaning of the Railway Labor Act, as approved
Tune 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon has been held and concluded. Under date of October
19, 1961, the parties jointly addressed a formal communication to the Secretary
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of the Third Division requesting withdrawal of this case from further consideration by the Division, 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 27th day of October, 1961.