NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND
STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
(1) That Carrier violated and continues to violate the Clerks'
current Agreement when, on March 25. 1954, it began using a
Telegrapher, an employe not covered by Rule 1, Scope Rule, of the
Clerks' Agreement to perform some of the regularly assigned duties
of regularly assigned Car Clerk 7. H. Clarkston's position while the
incumbent was required to lay aside those duties and perform Yard
Clerk work, following the abolishment of the Yard Clerk position,
effective with the completion of tour of duty 11:55 P. M., March 25,
1954, at the Tyler, Texas, Yard Office.
(2) That Charles Pappas, Jr., who was displaced from a regular
assignment and forced to the extra board, and his successors if there
be any, be paid a day's pay at pro rata rate of third shift Yard
Clerk from March 25, 1954, to date the violation is corrected.
Note: Restitution to the employes to be determined by joint check
of payroll and other necessary Carrier records.
NOTE: Resititution to the employes to be determined by joint
check of payroll and other necessary Carrier records.
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 parts by the complainant party; and
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That hearing thereon has been held and concluded. Under date of
November 7, 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 5th day of December, 1956.