NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(a) Carrier violated Scope Rule 1 and other Rules of the
Clerks' Agreement at the following freight stations when it required
or permitted and continues to require or permit outside truck drivers
or individual patrons or their representatives holding no seniority
rights under the Clerks' Agreement, to handle freight from various
locations on the freight house floor to their motor trucks and trailers:
Case No. 1-Smith Street, Cincinnati, Ohio
Case No. 2-Parkersburg Freight Platform, Parkersburg, W. Va.
Case No. 3-Louisville Freight Platform, Louisville,
KY.
Case No. 4-Fairmont Freight Platform, Fairmont,
W. Va.
Case No. 5-Clarksburg Freight Platform, Clarksburg, W. Va.
CASE No. 6-Indianapolis Freight Platform, Indianapolis, Ind.
(b) That Carrier be required to refrain from allowing outside
people to perform the freight handling work here involved and that
such work shall be assigned to employes of the Carrier holding
seniority rights under the Clerks' Agreement.
(c) That Carrier be required to pay the claims as contained
in each of six Memorandums of Conference presented in Employes'
Statement of Facts.
NOTE:-The disputes are presented in the manner because
Carrier has rendered the following decision to each instance:
Section 2 of Article V of Agreement signed at Chicago,
Illinois, on August 21, 1954, provides with respect to claims
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appealed prior to January 1, 1955, that they must be ruled
on within sixty days after that date, failing which they shall
be allowed as presented. In view of this provision I am
obliged at this time to decline the claim in this case.
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 complainant party; and
That hearing thereon has been held and concluded. Under date of March
12, 1957, the parties jointly addressed a formal communication to the Secretary
of the Third Division, requesting withdrawal of this case from further consideration by this 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 15th day of May, 1957.