NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes on the Missouri Pacific Railroad, that the Carrier violated
the Clerks' Agreement:
1. When it refused and continued to refuse to compensate clerk
S. E. Donnell for the holiday, Thursday, November 24, 1955, at the
rate of the position of General Clerk at Independence, Missouri, rate
$14.06 per day, which he was occupying by virtue of his seniority
rights and Agreement provisions, and instead compensated Clerk
Donnell for the holiday at the rate of $12.20, which rate attached to
the position of Night Baggageman at Sedalia, that Donnell had left
to go to Independence to fill the vacation vacancy there upon General
Clerk position, Monday, November 7, 1955, through Friday, November
25, 195'5;
2. The Carrier shall be required to compensate Clerk Donnell
in the amount of difference in the rate of Night Baggageman. Sedalia,
and that of General Clerk, Independence, Missouri, $1.86, to which he
was justly entitled as the occupant, under the provisions of Rule 9
(a) of the Clerks' Agreement, and Article II, Section 1, of Chicago
Agreement of August 21, 1954.
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 complainant party; and
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That hearing thereon has been held and concluded. Under date of May
19, 1958 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 5th day of June, 1958.