Joint, Brotherhood, and Carrier Exhibits and Transcripts.

This is a case which was referred to the U.S. National Mediation Board under an ad hoc arbitration agreement of March 28, 1956. The Board consisted of David L. Cole, Chairman, L.W. Horning and George Harrison. The issue was: "Does the New York Central Railroad Company have, the right to establish a five day, staggered work week, including Sunday as a regularly assigned work day, under the 40 hour work week agreement?"

The dispute was first presented to the National Railroad Adjustment Board which could not agree upon a decision. A referee, whose decision was to be final and binding, was appointed by the National Mediation Board. As a result the National Railroad Adjustment Board ruled in favor of the union, but the New York Central Railroad would not agree to abide by this decision. The National Mediation Board then appointed the above Board which began hearings on May 3, 1956.

The union's position was that the dispute had already been resolved since the award of the Adjustment Board was binding on both parties, and that the carrier's operations did not require a six or seven day work week, therefore, Sunday could not be included as a regular work day. The carrier held that this was an appeal from the decision of the refree; that the '49 agreement did permit rescheduling where it was necessary.