NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(PERE MARQUETTE DISTRICT)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that the Carrier violated and continues to violate the Clerks'
applicable Agreement, effective August 1, 1947, and Supplemental Agreement
of September 1, 194:
(1) When effective September 1, 1949, it failed and refused to
establish a proper and regular relief assignment to relieve Baggageman Wickerink at Muskegon, Michigan, on his assigned rest days, and
(2) That Carrier shall now be required to properly assign the
work by establishing a regular relief assignment to relieve the position of Baggageman, Muskegon, Michigan, on the assigned rest
days (Friday and Saturday), the position of baggageman being one
on which service is required and performed seven (7) days each week,
and
(3) That Baggagemen Gerald Wickerink and/or his successor or successors shall now be compensated for eight hours at
time and one-half rate each day for Friday, September 2 and Saturday, September 3, 1949, and each Friday and Saturday subsequent
thereto until the violation has been corrected, and
(4) That Yard Clerk Charles Neal and/or his successor or successors shall now be compensated for two hours and forty-live
minutes at the pro rata rate of his regular position for each day
for Friday, September 2 and Saturday, September 3, 1949, and each
Friday and Saturday thereafter until the violation has been corrected.
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;
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That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon has been held and concluded. Under date of
September 10, 1952, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this
case from further consideration by the Division, which request was concurred in by the Carrier in letter dated September 11, 1952, which request
is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 7th day of October, 1952.