NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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 of the System Committee of the
Brotherhood that:
(1) The Carrier violated the terms of the currently effective
Agreement between the parties when on March 2, 1957, it refused to
permit senior Clerk George C. Darrah in the Kansas City Terminal
seniority district to exercise seniority over a junior clerk on the
Chief Yard Clerk position in the Rosedale Yards upon the allegation
that he was not qualified, and without any consideration for his
fitness and ability.
(2) George C. Darrah now be allowed the difference between
the rate of the Chief Yard Clerk position and the rate of the Per
Diem Clerk position No. 14, on which he was required to displace as
a result of this violation, $1.08 per day, from April 29, 1957 to May
20, 1957.
(3) L. G. 4Vhitlmk now be paid the difference between the Per
Diem Clerk Position No, 14 and the rate of Switching Settlement
Clerk position No. 13, or 18 cents per day for each date, May 6, 7, 8,
9, 10, 13, 14, 15, 16, and 17, account being displaced by Mr. Darrah
as a result of this violation.
FINDINGS:
The Third Division of the Adjustment Board, 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 parts by the complainant party; and
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That hearing thereon was waived by the parties and under date of August
6, 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 10th day of September, 1958.