NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated rules of the current Agreement with
the Brotherhood of Railway Clerks by requiring Mr. Oliver Ross,
an employe carried on Seniority Roster of the Chief Mechanical Officer, District No. 14, and Mrs. Veronica Spero, an employe carried
on Seniority Roster of the Master Mechanic, Pueblo Division, District
No. 23, to perform work belonging to employes carried on Store
Department Seniority Roster No. 32.
(2) Mr. Oliver Ross shall be paid an additional forty hours'
pay at the rate of time and one-half his assigned rate of pay for
time during the period from December 28, 1954 to January 10,
1955, when he was required to suspend work on his regular position
on Seniority Roster No. 14 to perform work which belonged to Store
Department employes on Seniority Roster No. 32.
(3) Mrs. Veronica Spero shall be paid an additional nine and
one-half hours' pay at the rate of time and one-half her assigned rate
of pay for time on January 7 and 10, 1955, when she was required
to suspend work on her regular position on Seniority Roster No.
23, to perform work which belonged to Store Department employes
on Seniority Roster No. 32.
(4) Mr. J. A. Witherwax, Clerk at Burnham Store Department, Roster No. 32, shall be paid an additional forty-nine and onehalf hours' pay at the rate of time and one-half Sectional Storekeeper's rate of pay for time during the period from December 28,
1954 to January 10, 1955, when above named employes carried on
other Seniority Rosters were used to perform Store Department work.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and uon the whole
record and all the evidence, finds and holds:
12901
7453-2
291.
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
That hearing thereon has been held and concluded. Under date of October
24, 1956, 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: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of November, 1956.