SPECIAL BO?,RD OF ADJUSTF4ENE N0. 266 r

TRANSPCRTATION-COh1'UNICATION EMPLOYEES UNION

Va.

ERIE LACFG;WANNA RAIIRO;D COMPANY

Claim of the General Committee of The Order of Railroad

1. "The Carrier violated the agreement between the parties when beginning on May 1, 1938, it abolished three (3) telegraphers' positions at Elmira Yard Office, New York' without, in fact, abolishing the work,, instead' transferring same to crew callers; and

2: "As a·consequence of the violation, Carrier be required to pay

' (a) .Each of the three (3) senior idle extra employes

a day's pay for each day of the violation commencing

May 1, 1938, continuing through April 30, 1945; and

(b) Each of the three (3) senior idle employees (extra preferred) a days pay for each day of the violation commencing March 1, 1945,, and thereafter as long as the violation continues.

3a "The identity of the individuals entitled to receive~payment to be determined by a joint check of the Carrier's records."

Due to the long period of time this claim has been involved in court proceedings; the delay by the parties in their efforts to settle the cl,:5n following the U. S. Supreme Court decision; and the z'tirther fact that the Delaware, hackawanna & Western Railroad merged with the Erie Railroad during this tine, thereby bringing about a complete change in operation at Elmira and eliminating all the conditions involved in the claim; the Board is left at this late date with no alternative but to dismiss the claim.'

Claim dismissed.

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