Docket No. TE-12578
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
THE NEW YORK CENTRAL RAILROAD, Eastern District
(Except Boston and Albany Division)
STATEMENT OF CLAIM: Claim of the
General Committee of
the Order
of Railroad
Telegraphers on
the New York Central Railroad (Eastern District), that:
1. The Carrier violated the terms of the
Telegraphers' Agreement
when on August 27 and 28, 1959, it required Mr. F. J. Wright,
incumbent of the assistant ticket agent position at Amsterdam,
New York, to perform relief service on the freight agent's position
at Fonda, New York, at a time when no
emergency existed,
as
defined by the terms of the
Agreement.
2.
Because of
the violation the following payments shall be made
to the following named telegraph service employes:
(a) Mr. F. J. Wright shall be paid the difference in the pro
rata rate and the punitive rate of pay of the freight
agent's position at Fonda, New York, for
relief service
performed on
the said position on August 27 and 28, 1959.
(b) Mr. T. W. Ambridge, incumbent of
Relief Position
No. 30,
shall be paid the
difference between the
pro-rata rate and
the punitive rate of pay for
relief service
performed on
the assistant ticket agent's position at Amsterdam, New
York, on August 27, 1959.
(c) Mr. J. S. Leggiero, incumbent of 3rd trick telegrapherleverman position at Interlocking 16, Fonda, New York,
shall be paid eight (8) hours at the punitive rate of pay
of the freight agent's position at Fonda, New York for not
being called to perform
relief service on
the said position
on August 27, 1959.
(d) Mr. M. Forman, incumbent of relief position No. 20 all
positions at Interlocking 16, Fonda, New York, shall be
paid eight (8) hours at the punitive rate of pay of the
freight agent's position at Fonda, New York, for not being
called to perform
relief service
on the said position on
August 28, 1959.
[2507
10160-2
251
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 August 22, 1961,
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
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.