NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
KANSAS CITY TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
(a) That the Carrier violated the Union Shop Agreement
signed by the parties February 12, 1953, when it declined to accept
notice given by the Committee that employes Lenoir Rogers and William F. Richards, Clerks, Treasury Department, had failed to comply
with the said Agreement of February 12, 1953; and,
(b) That employes Lenoir Rogers and William F. Richards
violated the terms of the said Agreement of February 12, 1953, when
they failed to become members of the Organization within 60 calendar days of the date they first performed compensated service after
the effective date (February 28, 1953) of said Agreement; and,
(c) That the stipulations of said Union Shop Agreement requiring employes to become members of the Organization had application
in the cases of employes Lenoir Rogers and William F. Richards and
to all other employes who may have in the past, who now are or who
may hereafter become the incumbents of positions listed under
paragraph (D) of Rule 1 of the Agreement of October 1, 1942,
amended, between the parties; and,
(d) That employes Lenior Rogers and William F. Richards now
be required to become members and maintain membership in the
Organization by the payment of the uniform initiation fee and
the payment of dues retroactive to the date they should have become
members had the said Union Shop Agreement not been violatied;
and,
(e) That employes other than the said Lenoir Rogers and
William F. Richards, who may have failed to become members of
the Organization or maintain membership because they were or are
incumbents of positions listed under paragraph (D), Rule 1, of the
Agreement of October 1, 1942, now be required to become members
under the same terms and conditions as stated in paragraph (d)
above.
FINDINGS:
The Third Division of the Adjustment Board finds:
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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 no hearing thereon has been held, and under date of February 7,
1955, the complainant party addressed a formal communication to the
Secretary of the Third Division requesting withdrawal of this case, 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 17th day of February, 1955.