NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM:
CLAIM I
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the terms of the currently effective
Agreement between the parties when on November 15, 1956, it
refused to permit George Largente to fill a short Group 3 vacancy in
line with his seniority; and when on November 19, 1956, it refused to
permit Clarence Jackson to fill a short Group 3 vacancy in line with
his Group 3 seniority.
(2) George Largente shall now be paid the difference between
the rate of a Janitor, $14.96 per day, and the rate of a Stowman,
$1.93 per hour, or $15.44 per day, for November 15, and all succeeding dates on which he was not used in line with his seniority.
(3) Clarence Jackson now be paid the difference between the
rate of the Ticket Filer, $13.64 per day, and the rate of a Stowman,
$1.93 per hour, or $15.44 per day, for November 19, and all succeeding dates on which he was not permitted to fill short temporary
vacancies on Stowman position in line with his Group 3 seniority.
CLAIM II
(1) The Carrier violated the terms of the currently effective
Agreement when it refused to call W. E. Barnett to fill short
temporary vacancies in Group 2 on January 23, 1957, in line with his
service seniority and terms of the currently effective Agreement, and
when it failed to call Fred Jaudes to fill temporary short vacancies
in Group 2 in line with his service seniority and terms of the currently effective Agreement.
(2) W. E. Barnett now be allowed one day's pay at the Janitor
rate, $14.96 per day, for January 23, 1957, account this violation.
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(3) Fred Jaudes now be allowed one day's pay at the Janitor
rate, $14.96 per day, for each date, February 12 through 16, 1957,
inclusive.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the carrier and 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 the complainant party; and
That hearing thereon was waived by the parties. Under date of July 30.
1958, the parties jointly advised the Secretary of the Third Division of their
desire to withdraw 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 10th day of September, 1958.