Award No. 7931

Docket No. CL-8850

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-

(a) Carrier violated the rules of the Clerks' Agreement at Martin, Tennessee, when on May 23, 1965, it unilaterally assigned clerical work theretofore attached to a clerical position to be performed by an employe of Carrier occupying a position that is not included within the Scope Rule of its Agreement with the Brotherhood, revised as of February 1, 1964.

(b) H. B. Nevil, the senior unassigned clerk and/or his successor, if there be any, be compensated for wage losses sustained representing a day's pay at pro rata rate of Position No. 83 retroactive to May 23, 1956, and forward to date the Rules violation is corrected. (Pro rata rate of position $15.51 per day.)

(c) That position No. 83 Cashier, be re-established and bulletined to the clerical employes having seniority rights on the Mississippi Division Seniority District.

NOTE: Reparation to be determined by joint check of Carrier's payroll and other records.

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 May 10, 1957, the parties jointly addressed a formal communication to the Secretary

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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.