NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY

STATEMENT OF CLAIMS: Claim of the System Committee of the Brotherhood that Carrier violated the Clerks' Agreement:

1. When it failed to compensate various employes at Stuttgart, Arkansas, at punitive rate, for work performed on their assigned rest days.

2. That the following employes be reimbursed for the difference between pro rata rate and punitive rate for eight hours on each of the days shown: Chief Clerk, R. R. Fullig, each Saturday and Sunday from September 3, 1949 through January 22, 1950; Cashier, S. D. Howell, each Saturday from September 3, 1949 through Jan uary 14, 1950· Rate Clerk, W. R. Horst, each Saturday from September 3, 1949 through January 14, 1950, and Sunday, September 18, 1949; Warehouse Foreman, W. L. Nash, Saturdays as follows: September 24, October 22 November 5, 12, 19, December 3, 10, 17, and 24. 1949; Bill Clerk, F. R. Stephens, Saturdays from October 8 through December 31, 1949; Yard Clerk, O. L. Reep, Saturdays from September 3, 1949 through January 14, 1950; and Yard Clerk, E. B. Wallace, Saturdays from September 3, 1949 through January 14, 1950.

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 December 29, 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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