NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY

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

(a) That Carrier violated rules of the Clerks' Agreement when, commencing on Saturday, September 3, 1949, and continuing each Saturday of the week thereafter it suspended Mr. A. W. Tinnin, regular assigned Check Clerk at Blytheville, Arkansas, from service for the day after having worked on said Saturdays that was one of his designated rest days of the week from 7:00 A. M., to 12:00 Noon of his normal week day assignment of 7:00 A. M. to 12:00 Noon and 1:00 P. M. to 4:00 P. M.

(b) That Mr. Tinnin or his successor, If there be any, be reimbursed for wage loss sustained representing the difference between 5 hours and 8 hours (minimum day) for each Saturday commencing September 3, 1949 and continuing thereafter for each subsequent Saturday of the week until the violation is 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 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 disputfi 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 December 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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