NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
This is a claim of the System Committee of
the Brotherhood that:
(a) The Carrier violated the rules of the Clerks' Agreement
when it failed and refused to compensate Mr. D. J. Irwin, Chief Clerk
to the Superintendent at Sacramento, California, for service performed during his meal period and on rest days during the period
March 1 through April 11, 1955, inclusive.
(b) Chief Clerk D. J. Irwin be compensated for one hour per
day, at the overtime rate, account working a portion of his meal
period each work day, Monday through Friday, beginning March 1,
1955, until practice was discontinued April 11, 1955.
(c) Chief Clerk Irwin be compensated for a minimum of eight
hours at the overtime rate for each rest day involved when he worked
four or more consecutive Saturdays or Sundays and was paid less
than a minimum of eight hours, and that he now be compensated the
difference between the amount previously allowed him and a minimum
of eight hours at the overtime rate on such days.
FINDINGS: The Third Division of the Adjustment Board, 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 parts by the complainant party; and
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That hearing thereon was waived by the parties and under date of September 2, 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 16th day of September, 1958.