ORT File 1153-54

                  SPECIAL BOARD OF ADJUSTMENT NO. 117


ORDER OF RAILROAD TELEGRAPHERS

and

MISSOURI PACIFIC RAILROAD COMPANY


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

        1. Carrier violated the agreement between the parties when, in changing the assigned rest clays of A. A. Smith, McGehee, Arkansas, it permitted him to work only three days in his work week beginning May 8, 1954, and,


        2. Carrier shall now compensate Smith for two additional days at the straight time rate.


OPINION OF BOARD: While existing facts in this claim are not identical with those
present in Docket No. 28, said claim under consideration here
involves the same parties and the same rules as were present in Docket No. 28, Award
No. 28, 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. For the reasons stated and to the extent indicated in Award No. 28, this claim is denied.

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


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 Carrier did not violate the effective agreement.


                          AWARD

        Claim denied.

                  SPECIAL BOARD OF ADJUSTMENT NO. 117


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C. 0. Griffith 71 Em a Member G. W. Jo o -Carrier Member

St. Louis, Missouri July 26, 1956