Docket No. CL-7607
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
CHESAPEAKE DISTRICT
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood:
(a) That the Carrier violated and continues to violate the
terms of Clerks' Agreement No. 7 and memoranda in connection
therewith when, without prior conference and agreement it advertised permanent new position of Secretary, position No. E-18 (61),
on January 24, 1955, for bids ignoring the prescribed form of bulletin and, when, on February 3, 1955 position as thus advertised
was awarded W. F. Smith and when subsequent thereto the Carrier
has treated the position as being excepted from certain rules of the
Agreement, and
(b) That the position be classified, rated, advertised and assigned in accordance with provisions of the Agreement, and
(c) That the employe awarded position be paid the difference
between the amount earned and the amount the employe would have
earned in position No. E-18 (61) here involved, claim to continue
until corrections are made.
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 the carrier and the employe involved in this dispute are repectively
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 hearing thereon has been held but not concluded. Under date of
September 16, 1955 the complainant party addressed a formal communication
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to the Secretary of the Third Division requesting withdrawal of 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.