SPECIAL BOARD OF ADJUSTMENT NO. 117


ORDER OF RAIXJIOAD 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 provisions of the agreement between the parties when it failed and refused to compensate W. R. Carrell, at the rate of time and one-half for the work performed on the second shift Telegrapher-Clerk's position, on Monday, September 12, and Tuesday, September 13, 1955, at Claremore, Oklahoma, the 6th and 7th days in his work week.


      2. .Carrier shall now pay W. R. Carrell the difference between the straight time rate which he was paid and the time and one-half rate which he should have been paid for the work performed on September 12th and 13th, on the 2nd shift Telegrapher-Clerk's position at Claremore, Oklahoma.


OPINION OF BOARD: An examination of the facts of record in this particular case
 reveal that the respondent here failed to comply with the 72-hour
 notice provisions of Rule 8, Section 2(k); however, in view of the fact that the
 Organization failed to raise this issue with the respondent at the time this dispute
 was handled on the property, it cannot here now be considered. This finding and
 holding is in accordance with awards of the Third Division which are so extensive as
 to preclude necessity for their citation here.

 While other existing facts in this claim are not identical with those present in Docket No. 28, said claim under consideration here involve 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.
                                              Award No. 37

                                              Docket No. 37


That this.epecial 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 Oh' ADJUSTMENT 1,70. 117


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C. 0. Griffith
            - EmpWa Member G. W. Joh soV Carrier Member


St. Louis, Missouri
 July 26, 1956

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