Awards ... Third Division, National Railroad Adjustment Board, Volume 149National railroad adjustment board. |
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Results 1-5 of 100
Page 43
... evidence has been produced to show any violation of the Agreement as alleged . We again reiterate as we have said many times before , the burden of proof is upon the party making the claim , and where competent proof is lacking a ...
... evidence has been produced to show any violation of the Agreement as alleged . We again reiterate as we have said many times before , the burden of proof is upon the party making the claim , and where competent proof is lacking a ...
Page 46
... evidence disclosed Signalmen standing by and not qualified to operate the crane . This practice did not violate the Scope Rule . " We find , therefore , the Carrier in the instant case had the prerogative to direct the Signalmen in the ...
... evidence disclosed Signalmen standing by and not qualified to operate the crane . This practice did not violate the Scope Rule . " We find , therefore , the Carrier in the instant case had the prerogative to direct the Signalmen in the ...
Page 62
... Evidence that the work of operating drawbridges is not the traditional and customary work reserved ex- clusively to the Maintenance of Way Drawbridge Operators is the fact the Telegrapher's Agreement covers positions , the duties of ...
... Evidence that the work of operating drawbridges is not the traditional and customary work reserved ex- clusively to the Maintenance of Way Drawbridge Operators is the fact the Telegrapher's Agreement covers positions , the duties of ...
Page 73
... evidence that neither the disputed work , nor any part thereof , is the " exclusive " work of the claimant ... evidence in the record which satisfies the burden . Consequently , for lack of such essential evidence we are unable to pass ...
... evidence that neither the disputed work , nor any part thereof , is the " exclusive " work of the claimant ... evidence in the record which satisfies the burden . Consequently , for lack of such essential evidence we are unable to pass ...
Page 98
... evidence of record does not support petitioner's contention that the agreement was violated , nor does it support the claim for pay . For the reasons set forth herein , the claim should be denied in its entirety , and carrier ...
... evidence of record does not support petitioner's contention that the agreement was violated , nor does it support the claim for pay . For the reasons set forth herein , the claim should be denied in its entirety , and carrier ...
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Common terms and phrases
abolished Agent-Telegrapher agree Article attached hereto August August 21 Berclair Brotherhood Bulletin Carrier violated Carrier's Exhibit centralized traffic control Chairman Claimant conductor copy decision denied Docket duty effective employes covered Employes involved extra February February 14 Foreman Freight gang handle train orders held Honorable Board instant dispute July June June 21 Keysville letter located Macdona ment messages of record movement of trains NATIONAL RAILROAD ADJUSTMENT November 13 October 14 operator OPINION OF BOARD Order of Railroad Organization overtime parties payment performed ployes position practice Quenemo RAILROAD ADJUSTMENT BOARD Railroad Telegraphers Railway Labor Act rate of pay referred repair request rest days Scope Rule Section seniority district service employes Signal Maintainer Signalmen's Agreement STATEMENT OF CLAIM STATEMENT OF FACTS station Store Department Teleg Telegra telephone thereof Third Division Award Ticket Clerks tion track train dispatchers train order rule transmitted wage
Popular passages
Page 264 - States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the Adjustment Board shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the...
Page 546 - In every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon as required by section 5 of this Act, by the Mediation Board, unless a period of ten days has elapsed after termination of conferences...
Page 147 - The disputes between an employee or group of employees and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions...
Page 264 - damages' as that term is used in the law of contracts, is intended compensation for a breach, measured in the terms of the contract." . . . The purpose of the law is to "put the plaintiff in as good a position as he would have been in had the defendant kept his contract.
Page 61 - ... (j) Parties may be heard either in person, by counsel, or by other representatives, as they may respectively elect, and the several divisions of the Adjustment Board shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in any disputes submitted to them.
Page 979 - These rules shall govern the hours of service and working conditions of the following employees, subject to the exceptions noted below: (1) Clerks(a) Clerical workers ; (b) Machine operators.
Page 126 - No employee other than covered by this schedule and train dispatchers will be permitted to handle train orders at telegraph or telephone offices where an operator is employed and is available or can be promptly located, except in an emergency, In which case the telegrapher will be paid for the call.
Page 852 - The essential elements of due process of law are notice and an opportunity to be heard and to defend in an orderly proceeding adapted to the nature of the case before a tribunal having jurisdiction of the cause. One of the most famous and perhaps the most often quoted definition of due process of law...
Page 766 - It appears, however, that no less an authority than the Supreme Court of the United States, has declared in the case of The Order of Railroad Telegraphers v.
Page 524 - Should either of the parties to this agreement desire to revise or modify these rules, thirty (30) days' written advance notice, containing the proposed changes, shall be given and conferences shall be held immediately on the expiration of said notice unless another date is mutually agreed upon.