SPECIAL BOARD OF ADJUSTMENT NO. 117


ORDER OF RAILROAD TELEGRAPHERS

and

MISSOURI PACIFIC RA-WOAD COMPANY


Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri Pacific Railroad that:

        1. Carrier violated the terms of the agreement between the parties when it arbitrarily reclassified the position of Star Agent at Collinston, Louisiana, to a position of Agent-Telegrapher, effective Monday, June 7, 1954, without agreement between the parties.


        2. Carrier shall now be required to restore the classification of Star Agent and retain such classification until such time as the position is reclassified in conformity with the rules of the agreement.


        3. Carrier violated the agreement between the parties when it failed and refused to compensate H. J. Green at Collinston, Louisiana, for 8 hours at the time and one-half rate for work performed Saturday, June 12, 1954, and each succeeding Saturday, which were the sixth days of his work weeks, after having completed 40 hours in said work weeks.


        4. Carrier shall now compensate H. J. Green for 8 hours at the time and one-half rate for services performed on Saturday, June 12, 1954, and for each succeeding Saturday until the violation is corrected.


OPINION OF BOARD: While the existing facts in this claim are not identical with
those present in Docket No. 10, said claim under consideration
here involves the same parties and the same rules as were present in Docket No. 10,
Award No. 9, previously considered by this Board.

It is the opinion of the Board that the controlling factual situation here present, when considered in the light of the cited rules, is comparable to that considered and applied in the aforesaid award.

This claim is disposed of on the grounds set forth and to the extent indicated in Award No. 9.

        FINDINGS: The Special Board of Adjustment No. 117, upon the whole record and all the evidence, finds and holds:

                                          Award No. 11

                                          Docket No. 12


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act as approved June 21, 1934.

That this Special Board of Adjustment has ,jurisdiction over the dispute involved herein; and,

        That the claim should be disposed of in accordance with the above opinion.


                          AWARD


        Claim disposed of in accordance with the above opinion.


                SPECIAL BOARD OF ADJUSTMENT 140. 117


                  Livingston Smith -- Chairman


      //~I t o n


C. 0. CGriff~gh -,w4mpl~oye Member G. W. Johnbon -- Carrier Member

St. Louis, Missouri May 31, 1956

      IMP

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