NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
RUTLAND RAILWAY CORPORATION
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated and continues to violate the provisions of the Agreement between the parties effective Feb. 2, 1942,
when on April 13, 1951 it assigned by bulletin a position of clerk in
the Superintendent's Office at Rutland, Vermont, to a junior employe in preference to the senior qualifid employe, R. W. Clark; and
(b) That R. W. Clark shall be paid wage loss from April 13,
1951 and subsequent thereto until properly placed on the position;
and
(c) That R. W. Clark shall be given a seniority date of April
13 1951 on the Superintendent's Seniority Roster, this being the
date he should have been awarded and transferred to the bulletined
position. Also, that Employe E. G. La Penna's name shall be removed from such roster as he was not entitled to the position to
which assigned.
FINDINGS:
The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That no hearing thereon has been held, and under date of January 29,
1952, the complainant party addressed a formal communication to the Acting
Secretary of the Third Division requesting withdrawal of this case, which
request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Acting Secretary
Dated at Chicago, Illinois, this 1st day of February, 1952.
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