NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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 on June 2, 1955, it required Assistant Accountant Mrs. Mildred E. Wingate to suspend work on her regular assignment in order to assist the Trainmen's and Enginemen's Timekeeeping Department in the preparation of payrolls; and

(b) Mrs. Wingate is entitled to and shall now be compensated at time and one-half of her regular rate for the eight hours devoted to working on payrolls on June 2, 1955, in addition to compensation already allowed her on her regular assignment on that day.

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 parte by the complainant party; and

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.

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