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 (East) that:
1. Carrier violated and continues to violate the Agreement
between the parties when, effective December 24, 1958, it declared
abolished the position of Agent, Claremont Park, New York, without
in fact abolishing the work of said position.
2. Carrier shall be required to reestablish the position of
Agent, Claremont Park, New York, and to restore A. Carlini to said
position.
3. A. Carlini, D. F. Dunne, d. P. McGrady and all other employes who have been displaced or adversely affected shall be restored to their former positions and compensated for all wages lost,
for all time suspended from work, for all time worked outside the
regularly assigned hours of the position from which removed, for
travel and waiting time and for all necessary expenses incurred.
4. Commencing May 20, 1960, and each day thereafter that
the violation continues, carrier shall be required to pay the senior
idle extra employes (Appendix A) or if there be no extra employe
available, the senior regular employe (Appendix B) on his rest day,
for eight hours at the rate applicable to the position of Agent, Claremont Park, New York. (NOTE 1).
5. A joint check of the carrier's records shall be ordered to
determine the names and amounts due employes as set forth herein.
NOTE 1: The specific name of the employe entitled to be paid
each day the violation continues shall be determined by a joint check
of carrier's records from the names in Appendix A and Appendix B
or as these lists may be amended from time to time.
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FINDINGS: The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing was not held 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.