NATIONAL RAILROAD ADJUSTMENT BOARD
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
Mayfield, Kentucky, when on January 15, 1956, it unilaterally
assigned work theretofore attaching clerical positions to be performed by an employe of Carrier occupying a position not included
within the Scope Rule of its Agreement with the Brotherhood,
revised as of February 1, 1954.
(b) Thomas Weaver be compensated a day's pay at the
punitive rate retroactive to January 15, 1956, and forward to
November 26, 1956 the date the abolished position was reinstated.
(Pro rata rate of position $14.58 per day)
(c) The Senior Unassigned Clerk be compensated for wage
losses sustained representing $14.58 per day retroactive to January
15, 1956, and forward to November 26, 1956, the date the clerical
work was returned to the clerical employes.
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 employe involved in this dispute are respectively carrier and employe 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 the complainant party; and
That hearing thereon has been held but not concluded. Under date of
March 6, 1958 the complainant party addressed a formal communication
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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 20th day of March, 1958.
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