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, when:
(A) On May 5th, May 6th, May 7th, May 12th, May 13th,
May 19th, May 26th, June 2nd, June 3rd, June 9th, June 16th, June
30th, July 8th, July 14th, July 19th, July 21st, July 23rd and July
28th, 1954, te Carrier required- R. Lustfeldt, M. L. Lustfeldt,
E. Michaelson, W. Hnatusko, E. Parent! and A. McMullen, employed
as Clerks at Markham Yard, to suspend work on their regular positions, and perform work on refrigerator cars such as adjusting vents,
plugs and handling of heaters, etc., on cars loaded with bananas, and
failed and refused to call R. Norberg, L. Crocker, D. E. Woolever,
D. L. Wilson, and D. Waters, who were off duty and available to
perform that class of work, and
(B) That Carrier shall now be required to pay Messrs. R.
Lustfeldt, M. L. Lustfeldt, E. Michaelson, W. Hnatusko, E. Parenti
and A. McMullen, 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 on the dates enumerated above, and
(C) That the Carrier shall no be required to pay Messrs. R.
Norberg, L. Crocker, D. E. Woolever, D. L. Wilson and D. Waters,
in addition to comensation already paid, an additional sum at
penalty rate of their respective positions, (on a call basis) account of
Carrier's failure and refusal to call above named claimants for
adjusting of vents, plugs, and handling of heaters, etc., on refrigerator cars loaded with bananas on dates enumerated above.
FINDINGS:
The Third Division of the Adjustment Board, after gluing
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;
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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 parte 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.