STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, that Carrier violated Clerks' Agreement:
EMPLOYES' STATEMENT OF FACTS: The Claimant, Mrs. Mariani, is an employe of the Carrier as Key Punch Operator in the Office of Auditor of Disbursements at Portland, Oregon.
She was regularly assigned to this position in conformity with provisions of Rule 10 of our Agreement on April 1, 1949.
She has been in the continuous service of the Carrier since March 26, 1945.
On December 29, 1949 Mrs. Marian! filed formal request upon her immediate employer for leave of absence, period February 1-July 31 1950 account pregnancy. This request was, on January 24, 1950, amended to cover a ninety day period effective February 16, 1950, which request was supported by certificate from Mrs. Mariani's attending physician as to her physical disability. (Employee' Exhibits 1 (a) and (c))
January 11, 1950, Mr. Kendall, Auditor of Disbursements, denied Mrs. Mariani's application for leave contending that Rule 46 of our Agreement that governs the hours of service and working conditions of the employee "does not and never was intended to apply to cases of pregnancy." However, Mr. Kendall did proffer:
ized Representatives of the parties involved in this dispute, have been made a part of an Ex Parts submission filed by the Carrier and now before the Third Division.
In the interest of brevity the Carrier hereby declares that the "Joint Statement of Facts" as covered by its Ex Parte submission are the facts involved in this dispute.
POSITION OF CARRIER: There is on file with the Third Division an Ex Parte submission by the Carrier involving requested leave of absence by reason of pregnancy made by claimant, also claimant's dismissal from service by the Carrier, and claim resulting therefrom.
The "Position of Carrier" in aforesaid Ex Parts submission is hereby made a part of this, submission by reference and all facts, documentary evidence and argument are the same in both submissions.
OPINION OF BOARD: Our findings and Award No. 5334 control the ultimate disposition of this docket. Accordingly, we deem it unnecessary to make any further comment concerning the claim here involved.
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 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; and
That the Carrier violated the Agreement as indicated in Opinion and Findings in Award No. 5334.