SPECIAL BOARD OF ADJUSTMENT N0. 117


ORDER OF RAILROAD TELEGRAPHERS

and

MISSOURI PACIVIC RAILROAD 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 on Monday, December 20, 1954, it failed to compensate B. J. Cole at the rate of time and one-half for 8 hours' work performed at Claremore, Oklahoma, on the 7th day of his work week and instead paid him at the pro rata rate of the position worked.


        2. Carrier shall be required to pay B. J. Cole the difference between the pro rata rate and the time and one-half rate for the 8 hours' work performed on December 20, 1954.


OPINION OF BOARD: While existing facts in this claim are not identical with those
 present in Docket No. 28, said claim under consideration here in
 volves 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 N0. 117


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C. 0. Griffi!~/- e Member G. W. J ns n - Carrier Member

 St. Louis, Missouri - July 26, 1956