NEW YORK CENTRAL RAILROAD
(Eastern District Boston & Albany Division)
STATEMENT OF CLAIM: Claimant, Joseph P. Murphy (hereinafter called Claimant) desires an award of this honorable Board requiring the employer, the New York Central Railroad (hereinafter called "Carrier") to:
OPINION OF THE BOARD: The record shows that Claimant was displaced by a senior employe on September 29, 1958. He made a written displacement on a clerk's position in the Trainmaster's Office at Worcester. However, he never reported for such assignment nor did he request a leave of absence, thereby placing himself on an unauthorized leave of absence. Claimant advised the Trainmaster that he was going into business, operating a tavern known as "Ted's Restaurant and Tavern", on Sacandaga Lake, Mayfield, N. Y.
There is no dispute between the Carrier and Organization regarding the interpretation of the agreement between the parties in this case, and that the claim before this Division is without merit thereunder. It therefore must be denied.
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;