Award No. 7560
Docket No. CL-7659
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railway and Steamship Clerks. Freight Handlers, Express and
Station Employes on the Missouri Pacific Railroad, that the Carrier violated
time and related rules.
1. When, on December 18, 19, 20. 26 and 27, 1954, it removed the
clerical work of selling tickets at Camp Chaffee, Arkansas, out from under
the scope and operation of the Clerks' Agreement and utilized Traffic Department representatives, persons outside of the Agreement, to perform said
work, and failed and refused and continued to refuse to permit clerical
employes of the Southern Kansas-Central Division, Class "A", Station and
Yards seniority district and roster to perform the clerical work here involved
and that has been customarily and traditionally performed by Clerks for
years, which Carrier action is in contradiction to and in violation of the
spirit and intent of a proper application of the Agreement, Rules 1, 2, 3, overtme and related rules.
2. Claimants shall be compensated by the Carrier as follows:
M. C. Walton - December 18, 1954, 4 hours @ $2.91675 $11.67
December 19, 1954, 4 hours @ $2.91675 $11.67
$23.34
0. T. Smith - December 18, 1954, 4 hours @ $2.715 10.86
G. S. Titsworth - December 19, 1954, 4 hours @ $2.715 10.86
M. B. Falls - December 20, 1954, 5 hours @ $2.715 $13.58
December 26, 1954, 4 hours @ $2.715 10.86
December 27, 1954, 3 hours @ $2.715 8.15
32.59
Amount of all claims listed $77.65
account Carrier's action in violation of the 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:
7566-2
661
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 complainant party; and
That hearing thereon has been held and concluded. Under date of
October 19, 1956, the parties jointly 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 12th day of December, 1956.