Award No. 8470' Docket No. CL-9435

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 has violated and continues to violate the rules of the Clerks' Agreement through its unilateral action in transferring work from the position of Assistant T. & E. Timekeeper, rated at $15.53 per day, to the position of Assistant File Clerk, rated at $13.56 per day, and

(b) Mr. Norman Jacka, and/or his successors to the position of Assistant File Clerk in the Superintendent's Office at Sacramento, is entitled to and shall be compensated for the difference between what he has been allowed at the rate of Assistant File Clerk and what he should have been allowed had he been properly compensated at the rate of Assistant T. & E. Timekeeper, beginning September 29, 1955, and continuing until the violation is corrected.

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. 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.

[326]