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 all Group 3 employes at the Transfer Shed and the Old
House at Pine Bluff, Arkansas, who were improperly paid for extra
work performed by them be now paid at the proper rate of pay of
the position on which they were worked, effective as of the date
this practice was started, which, we feel, would date back to, or prior
to 1948.
(2) That requisite records of Carrier be made available and
joint check made in order to determine names and dates these Group
3 employes were improperly compensated for the class of work they
performed, and the number of hours so worked on each such dates,
separated between pro rata and penalty time, and total time computed at proper rate and Claimants listed in Part 1 of this claim paid
the difference between what they were paid and what they should
have been paid at the prevailing rate, such check dating back to 1948
or prior thereto.
(3) That, in instances where it cannot be definitely determined
the name of the Claimant entitled to remunerative redress, this Committee to designate the Claimant. This amount to be determined
from the difference between what is found due individual employes as
reflected by the records and the total or overall amount found due
from check of force assignment or complement of gangs during the
above period.
(4) That Carrier immediately commence carrying these Group
3 employes on the time roll at the proper classification and proper
rate of pay, in accordance with provisions of Rule 39 of our Agreement.
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;
[6,377
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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
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.