NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
DELAWARE, LACKAWANNA AND WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
(a) That Carrier violated rules of the currently effective
Agreement when, commencing September 1, 1949 and continuing
thereafter, to and including June 6, 1952, it required the incumbents
of the positions titled Outbound Revision Clerk and Billing and
File Clerks, at Syracuse Freight Office, to suspend work during
regular hours one (1) day each week, for the purpose of absorbing
overtime.
(b) That the regularly assigned incumbents of the positions
specified above, shall be reimbursed an additional day's pay at the
rate applicable to their regularly assigned positions' for each day
on which they were required to suspend work for the purpose of
absorbing overtime, during the interim September 1, 1949 to June
6, 1952.
(c) That the Carrier also violated rules of the current effective
Agreement when, commencing September 1, 1949 and continuing
thereafter, to and including June 6, 1952, it disallowed Mr. Edward
Iwanski, the regularly assigned incumbent of the Outbound Rate
Clerk's position at Syracuse Freight Station, the right to perform
service on each Saturday during the interim of time specified herein, in direct violation of Rule
8'A.
(d) That Mr. Iwanski shall be reimbursed an additional day's
pay at the prevailing rate of his Outbound Rate Clerk's position at
time and one-half time for each Saturday on which he was denied
the right to perform such service, during the period September
1, 1949 to June 6, 1952.
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;
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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
September 9, 1955, 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.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 23rd day of September, 1955.