NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Chicago, Rock Island and Pacific
Railroad Company that:
(a) On February 6, 1960, Signal Maintainer R. M. Babb with
headquarters at Gresham Interlocking Plant sent Mr. R. S. Carle,
Signal Supervisor, a time claim for 2-8/12 (two and eight-twelfths)
hours at punitive rate of pay account the Carrier violated Rule 18
when it called a second trick Signal Maintainer for overtime service
on February 6, 1960, in place of calling Mr. Babb.
On February 11, 1960, Signal Maintainer R. M. Babb sent
Mr. R. S. Carle, Signal Supervisor, a time claim for 4-9/12 (four
and nine-twelfths) hours at punitive rate of pay account the Carrier
violated Rule 18 when it called a first trick Signal Maintainer for
overtime service on February 11, 1960, in place of calling Mr. Babb.
(b) Neither of the time claims listed in part (a) were denied
by Signal Supervisor Carle within the 60 (sixty) day time limit
specified in Article V, Paragraph 1. (a) of the August 21, 1964,
National Agreement and, therefore, in accordance with the clear
provisions thereof, both claims should be allowed as presented.
FINDINGS: The Third Division of the Adjustment Board, 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 June 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 was waived by the parties and under date of
December 13, 1961, the parties jointly addressed a formal communication to
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the Secretary 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 19th day of December 1961.