MOP File VGS-380-1445

                · ORT File 1143-54.,

                  SPECIAL BOARD OF ADJUSThENT N0. 117


ORDER OF RAILROAD TELEGRAPHERS

and

MISSOURI PACIFIC RAILROAD COMPANY


Claim of 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 Agent-Telegrapher at Carlton, Kansas, to that of Agent-Restricted operator, effective

    April 16, 1954, without agreement between the parties. ," ;

    2. Carrier violated the agreement when, effective April 16, 1954, it

        reduced the rate of pay of the Agent-Telegrapher at Carlton, Kanses, , ,,

        from 1.815 to $1.66 per hour without agreement between the parties . ...


        3. Carrier shall restore classification of Agent-Telegrapher to the position at Carlton, Kansas, effective April 16, 1954.


        4. Carrier shall pay G. A. Zink, or the incumbent at Carlton) Kansas, the difference between the amount paid since April 16, 1954, and the agreed rate of Agent-Telegrapher to which he was entitled.


OPINION OF BOARD: While existing facts in this claim are not identical with those
present in Docket No. 1, said claim under consideration here
involves the same parties and the same rules as were present in Docket No. 1, Award
No. 1, 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. 1, 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 Employee withia the meaning of the Railway Labor Act as approved June 21, 1934..
                                          Award No. 4

                                          Docket No. 5


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


                  Livingston Smith -- Chairman


.?~_~PL..'/hi41/'.
C. 0. Griffi,nT.rloye Member G. W. Job-rtonE -- Cwrrier Member

St. Louis, M..ssouri
May 29,.1956

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