NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

GREAT NORTHERN RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that:

(1) Carrier's assignment of one of the three first shift Manifest Clerk's positions at Interbay Yard requiring services of the regular assignee (Jesse W. Dake) Tuesday to Saturday and Relief Clerk on Sunday of each week, thus blanking the job on Monday of each week, is violative of the 40-Hour Work Week rules of the Chicago, March 19, 1949, Agreement, effective September 1, 1949, reproduced as Rule 29 in the current Agreement between the Brotherhood and the Carrier;

(2) Jesse W. Drake, regular assignee to the first shift position of Manifest Clerk at Interbay Yard Office as of September 1, 1949, and his successors, if there be any, be paid an additional day's pay at pro rata rate ($13.11 per day) for Monday of each week, retroactive to September 1, 1949 and to continue until such time as the hours of service assignment of this position are properly fixed in accordance with the rules of the Agreement, as a penalty for Carrier's violative action.

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 carrier and 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 parte by the complainant party; and

That hearing thereon has been held and concluded. Under date of July 30, 1953, the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

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