NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: This is a claim of the System Committee of
the Brotherhood that:
(a) The Carrier violated the rules of the Clerks' Agreement
when it established a position of Division Auditor at Elko, Nevada,
and failed and refused to bulletin said position and assign employes
thereto in accordance with the rules of the Agreement.
(b) The Carrier violated the rules of the Clerks' Agreement
when it transferred the supervision over the Accounting and Timekeeping force in the Superintendent's Office at Elko, Nevada, from
the Chief Clerk to a new position designated as Division Auditor,
effective March 1, 1955.
(c) Mr. M. T. Clark, or in his absence the next senior employe
in the office of the Superintendent at Elko, Nevada, be compensated
for the difference between the rate of pay of his assignment and the
rate of pay of the so-called Division Auditor for each day March 1 to
November 16, 1955, inclusive.
(d) Mr. W. A. Thorpe, and/or other employes in the Superintendent's Office at Elko, Nevada, who were deprived of promotion
to higher rated positions which would have been open had Mr. Clark
or other Eastern Division Employe bid on and been assigned to position of Division Auditor, be compensated for all wage loss sustained
for each day, March 1, to November 16, 1955, inclusive.
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 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
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That hearing thereon was waived by the parties and under date of November 23, 1956 the complainant party addressed a formal communication
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: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November, 1956.