THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Clerks' Agreement was violated and continued to be violated when the Carrier assigned or permitted the Agent at Minturn, Colorado, who does not come under the provisions of the Clerks' Agreement, to perform work that rightfully belongs to employes covered by the Clerks' Agreement.
(2) Mr. John J. Wedding shall be compensated for forty-four hours and thirty-five minutes at the rate of time and one-half for the period April 18, 1953 to October 7, 1953, account Carrier's action in violation of rules of our Agreement.
(3) Mr. Gary T. Willingham shall be compensated for fourteen hours and thirty minutes at the rate of time and one-half for the period April 23, 1953 to October 13, 1953, account Carrier's action in violation of rules of our Agreement.
(4) Mr. John J. Wedding or Mr. Gary T. Willingham be compensated at the rate of time and one-half for each day subsequent to dates above stated that similar violations occurred until April 11, 1954.
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 employes involved in this dispute are respectively carrier and employes 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