NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY

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

(1) That Carrier violated rules of the Clerks' Agreement and the Forty Hour Week Rules, effective September 1, 1949, when it failed to properly apply the provisions of the Forty Hour Week Rules in conjunction with rules of the General Agreement to Trucker Clerk position at Monmouth, Illinois.

(2) That the involved employe, C. W. Sonderegger, TruckerClerk at Monmouth, Illinois, be allowed an additional day's pay at the rate of time and one-half as wage loss for each Monday and holiday from December 26, 1949, and for all subsequent Mondays and holidays of each succeeding week the position was filled by employes outside the scope of our General Agreement.

k R ~ a s t

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 parts by the complainant party; and

That hearing thereon has been held and concluded. Under date of October 13, 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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