NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that the Carrier violated the Agreement between the parties
effective June 23 1922, as subsequently revised; also the Memorandum of
Agreement dated October 10, 1940, when:
(A) On February 3rd, March 3rd, March 10th, March 11th,
December 24th 1954,-January 12th, Feruary 10th, ebruary 16th,
February 18th, March 2nd, March 4th, March 9th, March 16th,
March 17th, arch 24th, arch 28th, April 8th, April 13th and
April 14th, 1955, the Carrier required E. Hall, J. Humphries, S.
Avant, E. riffin, R. H. Coleman, C. Williams, B. Bracy, H. L. Trusty,
J. C. impson and G. S. Owens, employed as Freight Handlers at
the Carrier's freight handling acilities at South Water Street,
Chicago, Illinois, to suspend work on their regular positions, and go
to Markam Yad to help install and/or remove heaters in cars loaded
with perishable freight, and failed and refused to call Cecil Simpson,
employed as Heaterman-Truck Operator to perform that class of
work, and
(B) That the Carrier shall now be required to pay Messrs. E.
Hall, J. Humphries, S. Avant, E. Griffin, R. H. Coleman, C. Williams,
B. Bracy, H. L. Trusty, J. C. Simpson and G. S. Owens, in addition to
compensation already paid, an additional sum at pro rata rate of their
respective positions, for the number of hours that each of said claimants were required to suspend work on their regular positions as
Freight Handlers on the dates enumerated above, and
(C) That the Carrier shall now be required to pay Mr. Cecil
Simpson for additional sixty-two (62) hours at penalty rate of his
position of Heaterman-Truck Operator, ($13.86 per day) account
of Carrier's failure and refusal to call Mr. Simpson to assist with installation and/or removal of heaters on the dates enumerated above.
NOTE: Actual monetary consideration involved in Item B
hereof, to be determined by joint check of Carrier's payrolls, time
book records, etc.
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:
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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 parts by complainant party; and
That hearing thereon has been held and concluded. Under date of May
10, 1957 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 23rd day of May, 1957.