NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
THE CINCINNATI UNION TERMINAL COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on The Cincinnati Union Terminal Company that:
(a) The Carrier violated the current Signalmen's Agreement,
as amended, particularly Rules, 10, 16, and the Seniority, Bulletin
and Assignment Rules, when, on November 3, 1960, Signal Maintainer T. W. Springfield and Assistant Signal Maintainer W. K. Hopton were taken from their regular assigned signal maintenance
positions to perform work on another signal maintenance territory.
(b) The Carrier now be required to compensate Signal Maintainer M. W. Green and Assistant Signal Maintainer H. E. Turner
at their respective overtime rates of pay for an amount of time
equal to that spent by Messrs. Springfield and Hopton in performing
the work referred to in paragraph (a) above, as the Carrier's action
in this instance resulted in Messrs. Springfield and Hopton absorbing overtime that accrues to Messrs. Green and Turner in violation
of Rule 10.
(c) The Carrier should now be required to compensate Messrs.
Springfield and Hopton at their respective overtime rates of pay for
the amount of time that they were required to work off their assigned territory on November 3, 1960, because the Carrier's action
in changing them from their regular assigned positions was in violation of Rule 16.
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;
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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 and the parties addressed formal
communications 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
Secretary
Dated at Chicago, Illinois, this 29th day of October 1962.