Award No. 5692 Docket No. CL-5802

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

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

(a) Carrier violated the Rules of the Clerks' Agreement when it abolished a full eight (3) hour Ticket Clerk's position, hours 9:00 A. M. to 6:00 P. M. at Bayonne, N. J., and unilaterally assigned the duties thereof to employes not covered by the Rules of the Clerks' Agreement, and

(b) Carrier shall be required to restore such position under the scope and application of the Clerks' Agreement, and compensate A. Soncha and all other Employes affected by such violation, retroactive to April 23, 1951.

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

That hearing was held and concluded. Under date of March 20, 1952, the parties jointly addressed a formal communication to the Acting Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

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