Award No. 3142 Docket No. CL-3161

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

ATLANTIC COAST LINE RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherkood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes:

1-That the Carrier violated rule 18 of the agreement effective February 16 1944 by instructing an employe junior in the service to Mr. C. L. Davis, to roll Mr. Davis, Clerk Comptroller's office, Wilmington, N. C. from his position effective May 7, 1945, and

2-That Mr. C. L. Davis be restored to the position in the Comptroller's Office, Wilmington, N. C. which he occupied prior to May 7, 1945 and paid for all monetary loss because of being improperly rolled from his position.

FINDINGS: The Third Division of the Adjustcent Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds aqd holds:

That the carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein;

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

AWARD