ORT File 1163-54

                  SPECIAL BOARD OF ADJUSTMENT N0. 117


ORDER OF RAILROAD TELEGRAPHERS

and

MISSOURI PACJ?IC RAILROAD COMPAP:Y


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

        1. Carrier violated. th? agreement between the parties when it required or permitted B. C. `,,:vTrv, Agent-Telegrapher, :Newark. Arkansas, on March 27) 1954) to s,.sije-,ay , ork.


        2. Carrier shall now comp.:nsate B. C. Lowery at the straight time rate for 8 hours on March 27, 19;4.


OPINION OF BOARD: While exist:i^g facts in this claim are not identical with those
present in n:r:~ket No. 28, laic: ."la._n: iuider consideration here
involves the same parties and t=r: same rules as ware -,,)-,:a rent 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 com --.,ruble 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 N0. 117


                      Iyh ~H ~

                  LivingsSmith - Chairman


C. 0. Griffith - Ernnplo ember G. W. Jo eo -Carrier Member

St. Louis, Missouri July 26, 1956