Award No. 3159 Docket No. CL-3121

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

MISSOURI PACIFIC RAILROAD COMPANY

Guy A. Thompson, Trustee

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes on the Missouri Pacific Railroad Company, that the Carrier violated the Clerks' Agreement:

1. When on Wednesday, January 31, 1945, it failed and refused

and continued to refuse to compensate Clerk, W. D. Daly at

the rate of time and one-half for service rendered 7:00 A. M.

to 3:00 P. M. while occupying the temporary vacancy of Chief

Yard Clerk at Carondalet on his assigned day of rest;

2. The Carrier shall be required to pay Clerk, W. D. Daly the difference in amount of $8.06 which he was paid as Chief Yard Clerk at the pro rata rate and $12.09, or $4.03 that is due him for the eight hours work performed on his rest day January 31, 1945.

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

That the carrier and the employe involved in this dispute are respectively carrier and employe 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 parts by complainant party; and

That hearing thereon has been held and concluded. Under date of March 19, 1946, the parties jointly advised the Secretary of the Third Division of their desire to withdraw it from further consideration by the Division, which request is hereby granted.

AWARD