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 CLAM:
This is a claim of the System Committee of
the Brotherhood that:
(a) The Carrier has violated and continues to violate the rules
of the Clerks' Agreement through its arbitrary and unilateral action
in discontinuing the practice of using the Chief Clerk in the Superintendent's Office in Sacramento, Mr. D. J. Irwin, to supervise employes
working overtime on week days or working on their rest days, Saturday and Sunday, in the preparation of timerolls and payrolls, beginning on or about June 1, 1955.
(b) The Carrier further violated the rules of the Clerks' Agreement when beginning on or about June 1, 1955, and continuing for a
period of several months, Traveling Accountants were used to oversee
the work of the employes in the Superintendent's Office in Sacramento
when such work was performed on overtime or on employes' rest days.
(c) Mr. D. J. Irwin is entitled to and shall now be compensated
for all overtime worked by employes under his jurisdiction in the
Superintendent's Office in Sacramento, beginning July 10, 1955, and
continuing until the violation herein involved is corrected by his being
required to be present whenever such employes are working overtime.
NOTE: The time due Mr. Irwin to be determined from a joint
check of the Carrier's timerolls and other records.
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;
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That the dispute. was certified to the Third Division of the Adjustment
Board ex parts by the complainant party; and
That hearing thereon was waived by the parties. Under date of September 2, 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 16th day of September, 1958.