Award No. 2252 Docket No. CL-2445

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

SOUTHERN PACIFIC COMPANY (PACIFIC LINES)

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the rules of Clerks' Agreement when it declined and continues to decline to reclassify Mr. Joseph Colnar's position of Assistant Crew Dispatcher to that of Crew Dispatcher and pay him the established rate for that position during the period July 7, 1941, to and including September 20, 1941.

(b) Mr. Joseph Colnar be reimbursed for the difference between what he received as Assistant Crew Dispatcher, rate $5.80 per day, and what he should have received as Crew Dispatcher, rate $6.55 per day, for the period July 7, 1941, to and including August 31, 1941, and for the period September 1, 1941, to and including September 20, 1941, the difference between his rate of $6.52 per day as Assistant Train Dispatcher and rate of $7.27 per day, Crew Dispatcher's rate.

Note: In explanation of the different rates of pay shown in Item (b) above, the Board will please understand there was granted by mediation an increase of nine cents per hour, effective September 1, 1941, and an additional one cent or a total of ten cents per hour effective December 1, 1941.

FINDINGS: The Third Division of the Adjustment Board finds:

That the dispute was certified to the Third Division of the Adjustment Board ex parts by complainant party; and

That no hearing thereon has been held, and under date of July 28, 1943, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.

AWARD